
Qass— £"^^1 

Book >87^ — - 



TESTIMONY FOR PROSECUTION AND DEFENCE 

Iisr THJB CA.SB OF 

EDWARD SPANGLER, 

Tried for Conspiracy to Murder the President, 

BEFORE A 

MILITAKY COMMISSION, OF WHICH MAJOR-GENERAL HUNTER WAS 
PRESIDENT, WASHINGTON, D. C, MAY AND JUNE, 1865 



THOMAS EWING, Jr., Counsel for the Accused. 



MAY It. 

Sergeant Joseph M. Dye, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate; 

Q. State whether or not, on the evening of 
the 14th of April last, you were in from of 
Ford's Theatre, and at what hour you were 
there. 

A. I was sitting in front of Ford's Theatre 
about half-past nine o'clock. 

Q. Did you observe several persons, whose 
appearance excited your suspicions, confer- 
ring together upon the pavement in front of 
the theatre ? 

A. Yes, sir. 

Q. Describe their appearance, and what 
they did. 

. A. The first appearance was an elegantly 
.'sd,ressed gentleman, who came put of the pas- 
"sage, and commenced conversing with a ruf- 
tiauly-looking fellow. Then there was an- 
other one appeared, and the three conversed 
together. After they had conversed together, 
it was drawing near the second act. The one 
that appeared to be the leader of them, the 
M ell-dressed one, said, " 1 think he will come 
• out now," referring to the President, I sup- 
posed. 

Q. Was the President's carriage standing 
there ? 

A. Yes, sir. One of them had been stand- 
ing out, looking at the carriage on the curb- 
stone, while 1 was sitting there, and then 
went back. They watched a while, and the 
rusb came down; many gentlemen came out 
and went in and had a drink in the saloon 
below. Then, after they went up, the best- 
dressed gentleman stepped into the saloon 
himself; remained there long enough to get 




a drink, and came out in a style as if heXViag^ 
becoming intoxicated. He stepped up afid 
whispered to this ruffian, (that is, the mis- 
erablest-looking one of the three,) and step- 
ped into the passage — the passage that leads 
to the stage there from the street. Then the 
smallest one stepped up and called the time, 
just as the best aressed gentleman appeared 
again, from the clock in the vestibule. Then 
he started up the street, and remained there 
a while, and came down again, and called 
the time again. Then I began to think there 
was something going on, and looked towards 
this man as he called the time. Presently he 
went up again, and came down then and 
called the time again. Then I began to think 
there was something going on, and I looked 
towards the man as he called the time. Pre- 
sently he went up again, and then came down 
and called the time louder. I think it was 
ten minutes after ten that he called out then. 

Q. Was he announcing it to the other two ? 

A. Yes, sir; then he started on a fast walk 
up the street, and the best-dressed one among 
them started into the theatre, and went in- 
side ; I was invited by Sergeant Cooper to 
have some oysters, and we had barely time 
to get in the saloon and get seated, and order 
the oysters, when a man came running la 
and said the President was shot. 

Q. Would you recognize that well-dressed 
person from his photograph, if you were to 
see it now? 

A. Yes, sir. 

Q. [Exhibiting Booth's photograph, Exhi- 
bit No. 1 ] Look at that photograph. 

A. That was the man ; but his moustache 
was heavier and his hair longer than in this 
picture. 

Q But do you recognize the features ? 

A. Yes, sir ; this is the man ; these are his 
features exactly. 



.513 



Q. What restaurant did that man go into 
to drink? 

A. The restaurant just below the theatre, 
towards the avenue. 

Q. Did he go in alone? 

A. Yes, sir; he went in alone. 

Q. Can you give a more particular de- 
scription of the ruffianly-looking man, whom 
you saw? What was his size? and what was 
it that gave him such a ruffianly appearance ? 
Was it his dress? 

A. He was not as well dressed as the rest 
of them. 

Q. Was be shabbily dressed or dirtily 
dressed ? 

A. His clothes had been worn a consider- 
able time, and he bad a bloated appear- 
ance. 

Q. Was he a stout man? 

A. Yes, sir, and a rough face. 

Q. Which way did he go ? 

A. He remained there at the passage, and 
the other one started up the street. 

Q. The time was announced to the other 
two men three times by him, was it ? 

A. Yes, sir, three times. 

Q. The last, you think, was ten minutes 
after ten ? 

A. The last time he called out was ten 
minutes after ten. 

Q. Immediately on announcing that, did 
Booth leave and go into the theatre? 

A. He whispered to the ruffian and started 
in. 

Q. Look at these prisoners and see whether 
you recognize any of them as either of the 
persons present on that occasion? 

A. If that man [pointing to Edw'd Spang- 
ler] had a moustache, it wouid be just the 
appearance of the face exactly. 

Q. Do you mean that the rough looking 
man was like him, except that he had a mous- 
tache ? 

A. Yes, sir. He was standing at the en- 
trance of the passage, but I think he had a 
moustache, a heavy one. It was rather dark 
back there; the gas-light did not shine very 
much on it, but I saw the moustache. 

Q. I understand you to state that the call 
was made from the clock in the hall of the 
theatre ? 

A. Yes, sir. He stepped up there and called 
the time right in trout of the theatre. 

Q. Can you tell at what time the other 
calls were made ? You have stated that the 
last was at ten minutes past ten. 

A. They were all between half-past nine 
and ten minutes after ten. 

Q. Do you think you could recognize 
either of the other persons? 

A. The one that called the time was a very 
neat gentleman, well-dressed and he had a 
moustache. 

Q. Do you see him here ? 

A. He was better dressed than any I see 
here. He had on one of the fashionable hats 



they wear here in Washington, with round 
tops and stiff brim. 

Q. Can you describe his dress as to color 
and appearance ? 

A. No, sir, I cannot exactlj' describe it. 

Q. How was the well-dressed man as to 
size? 

A. He was not a very large man — about 
five feet six inches high. 

Q. You have never seen that man before 
or since? 

A. No, sir. 

Q. Do you remember the color of that 
mau's clotnes? 

A. His coat was a kind of drab color. 

Q. V7hat color was his hat ? 

A. His hat was black, similar to the one I 
had on the same nii^ht. 

Q. Did you observe whether they had spurs 
on, any or them? 

A. I did not observe that. 

Cross-examined by 5Ir. Aiken: 

Q. You say that tlie well-dressed man wore 
a black hat, and was about five feet six inches 
high? $ 

A. les, sir. 

Cross-examined by Mr. Ewing : 

Q. How long did you observe the slouchy 
man ? 

A. I observed him while I was sitting 
there. 

Q. About how long? 

A. While I was sitting there and until I 
left. 

Q. Could you not fix some time? 

A. I was there till the last time was called, 
and I was there from about twenty-five min- 
utes after nine or half-past nine. 

Q. You went there at twenty-five minutes 
after nine or half-past nine, and left when 
this man called, ten minutes past ten ? 

A. Yes, sir. 

Q. Was the slouchy man there during the 
whole of that time— the man dressed ia 
slouched clothes? 

A. Yes, sir; he remained at the passage. 

Q. Was he there during the whole of that 
time? 

A. Yes, sir. 

Q. Will you describe the several articles of 
his dress as near as you can ? 

A. I could not observe him well ; he was 
back, and it was rather dark there. 

Q. Could you see his countenance? 

A. Yes, sir. 

Q. Did you notice the color of his eyes ? 

A. No, sir ; I did not observe that. 

Q. Did you notice the color of his mous- 
tache ? 

A. The moustache was black. 

Q. Did you notice the color of his hair? 

A. No, sir; because he remained in one 
position. 

Q. What shaped hat had he on ? 

A. A slouched batj one that had been 
worn some time. 



Q. Had he an overcoat on? 

A. 1 did not observe that. 

Q. Do yoii recollect anything as to the 
color of the coat? 

A. No, sir ; he did not move around, and 
I did not pay any particular attention, only 
that I observed the well-dressed gentleman 
would whisper to him ; that was all. 

Q. Exactly where did he stand ? 

A. Right at the passage. 

Q. Inside? 

A. No, sir; right at the end of the pas- 
sage. 

Q. On the pavement? 

A. Yes, sir. 

Q. Near the President's carriage? 

A. No, sir; the President's carriage was 
at the curb-stone. 

Q. Did he occupy the same position dur- 
ing the whole of this time? 

A. That man did. 

Q. You refer to the man of slouched 
dress ? 

A. Yes, sir. 

Q. Which way did Booth enter the last 
time? 

A. He just stepped right up into the front 
door. 

Q. Did you see the man in slouched dress 
standing there at that time? 

A. "When Booth whispered to him and left 
him, I did not see him change his position, 
because I was observing Booth. As soon as 
Booth stepped into the theatre, we started. 
The other man started on a fast walk up the 
street, 

Q. You do not know whether the man in 
the slouched dress did not come out on the 
pavement before Booth went out? 

A, I do not recollect his coming out on the 
pavement. 

Q. What attracted your attention to that 
man ? 

A. This elegantly-dressed, gentlemanly- 
looking man addressing him. 

Q. When did you notice him speak to him 
first? 

A. When I first came there. 

Q. At about twenty-five minutes past nine 
or half-past nine? 

A Yes, sir.' 

Q. How long after Booth entered the thea- 
tre was it that you heard the news of the as- 
sassination? 

A. I cannot state the precise time. 

Q. About what time? 

A. Well, fifteen minutes, I presume. 

Q. Do you think it was as long as that? 

A. It might not have been as long, but I 
cannot be certain. 

Q. What did yoa do in the meantime? 

A. We started, turned the corner, went 
into a saloon ; debated a while which saloon 
to go to. I do not know how long it took 
us. We had just got in and ordered oysters, 
as a man came in telling us the news. 



Q. Do you think it was not exceeding fif- 
teen minutes? 

A. I think so. 

Q. Do you think it may have been less? 

A. I do not know about that ; I am not 
certain. 

Q. About how high do you think the man 
dressed in the slouched clothes was? 

A. He was about five teet eight or nine 
inches. 

By Mr. Aiken : 

Q. Will you state, as near as you can re- 
collect, the time you first observed those gen- 
tlemen in front of the theatre? 

A. Twenty-five minutes^or half-after nine 
o'clock. 

By the Court : 

Q. Do you say, without hesitation, that 
Spangler was the man? 

A. I say that was the countenance, except 
the moustache. 

Q. Do you say that was the man ? 

A. I say the countenance was the same ; 
he resembled that face as much as possible. 

By .Mr. Ewixg : 

Q. Have you seen this man since the assas- 
sination of the President? 

A. Yes, sir. 

Q. Where? 

A. In the Capitol Prison. 

Q. In the presence of what persons? 

A. In the presence of the proprietor, I pre- 
sume. Sergeant Cooper, and another prisoner. 

Q. Did it seem to you then that he was the 
man? 

A. All but the moustache. 

Q. But you say that he was under the 
shadow, so that you could not observe his 
features distinctly ? 

A. I remember the face — the expression of 
his countenance. 

Q. But you did not see his eyes ? 

A. No, sir. 

John E. Buckingham, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate: 

Q. Do you reside in Washington? 

A. Yes, sir. 

Q. What business were you engaged in 
during the month of October? 

A. I am at night doorkeeper at Mr. Ford's 
Theatre, and in the daytime I am employed 
in the Washington Navy Yard. 

Q. Were you acquainted with J. Wilkes 
Booth during his lifetime? 

A. Yes, sir ; I knew him by coming to the 
theatre. 

Q. You kn^w him by sight? 

A. Yes, sir. 

Q. Will you state whether or not you saw 
him on the evening of the 14th of April, at 
what hour, and what occurred in connection 
with it? 

A. I should judge it was about ten o'clock 



that he came there to the theatre, walked in, | 
and walked out again, and he returned, I 
judge, in about two or three minutes. He 
carne to me and asked me what time it was. 
I told him to step into the lobby that leads I 
out into the street, acd he could see. He i 
stepped out, and walked in again and stepped 
into the door that leads to the parquette and j 
dress circle, and returned immediately, came 
out, and went up the stairway to the dress 
circle. The last I saw of him was, he alight- 
ed on the stage from the box, running across j 
the stage with a knife in his hand. He was j 
uttering some sentence, but I could not un- | 
derstand it well at the time ; I was too far ' 
back from him, at the front door. 

Q. He went into the President's box, did , 
he? 
A. I could not say. 

Q. He was on that side of the dress circle? 
A. I was down below, underneath. The 
dress circle extends over my doorway, so that 
1 could not see. 

Cross-examined by Mr. Ewing : 
Q. Are you acquainted with the prisoner, 
Edward Spangler? 

A. Yes, sir; knowing him at the theatre. 
Q. You have known him? 
A. I hare known him to be there at the 
theatre. 

Q. Did you see him enter or come out of 
the front o'f the theatre during the play? 
A. I did not. 

Q. Stale the position of your box. Is it 
that you would be likely to see any persons 
who entered from the front of the theatre? 

A. Yes, sir; every person has to pass me 
on entering the theatre ; that is, in the low- 
er part, for the parquette, dress circle, and 
orchestra. 

Q. Do you observe the persons that go in? 
A. No, I do not take notice of the persons. 
Q. Do you see that persons do not go in 
who are not authorized to do so? 
A. Yes, sir. 

Q. If this man Spangler had gone in from 
the street, entering at the front of the thea- 
tre, would you likely have seen him? 
A. Yes, sir. 

Q. "Would you have been pretty sure to see 
him? 

A. Yfs, sir, he could not have passed me 
without my seeing him. 
Q. Are you certain he did not pass then? 
A. I am perfectly satisfied that he was not 
in the front part of the house that night. 
Q. Did jou see him that night at all ? 
A. Not to my recollection. 
Q. Did you ever see him wear a mous- 
tache ? 

A, No, sir, not as I can recollect of. 

James P. Ferguson, 
a witness called for the prosecution, being 
duly sworn, testified as follows : 
By the Judge Advocate : 



Q. Do you reside in "Washington city? 

A. Yes, sir. 

Q. "What business are you engaged in ? 

A. The restaurant business. 

Q. "Where? 

A. No. 452 Tenth street. 

Q. Near Ford's Theatre? 

A. Adjoining the theatre, on the npper 
side. 

Q. Did you know J. "Wilkes Booth in his 
lifetime? 

A. I did. 

Q. Did you see him on that evening? 

A I saw him that afternoon ; I do not 
recollect exactly what time, but it was some 
time between two and four o'clock, I think. 
He came up in front, just below my door, on 
the street. I walked out to the door and saw 
Mr. Maddox standing out by the side of his 
horse — a small bay mare. Mr. Maddox was 
standing aside of him, with his hand on the 
horse's mane, talking. I stood on the porch 
a minute, and Booth looked around and said, 
" See what a nice horse I have got." As I 
stepped out near him, he stiid, " Now watch ; 
he can run just like a cat;" and struck his 
spurs into the horse, and off he went down 
the street. I did not see him any more until 
that niaht, somewhere near ten o'clock, I 
should think. Along in the afternoon, about 
one o'clock, Harry Ford came into my place 
and said to me, "Your favorite, General 
Grant, is going to be in the theatre to-night, 
and if you want to see him, you had better 
go and get a seat." I went and secured a 
seat directly opposite the President's box, in 
the front of the dress circle. He showed me 
the box that he said the President was to be 
in,_and I got those seats directly opposite. I 
saw the President and his family when they 
came in, and some gentleman in plain clothes 
with them. I did not recognize him, but I 
knew from the appearance of the man that 
it was not Grant. I supposed that probably 
Grant had remained outside so as not to 
create any excitecs.ent in the theatre, and 
would come in alone and come in the box ; 
and I made up my mind that I Avould see him 
before he went in, and I watched every one 
that passed around on that side of the dress 
circle toward this box. Somewhere near ten 
o'clock, I should think it was — it was the 
second scene in the third act of the play they 
were playing — Our American Cousin — I saw 
Booth pass along near the box, and then 
stop and lean against the wall. He stood 
there a moment. Something directed my at- 
tention on the stage, and I looked back and 
saw him step down one step, put his hands 
to the door and his knee against it, and push 
the door open — the first door that goes into 
the box. I did not see any more of him un- 
til I saw him make a rush for the railings 
that ran around the box to jump over. I saw 
him put his left hand on the railing, and he 
seemed to strike back with the right with a 



knife. I could see the knife gleam, and that 
moment he was over the box. The Presi- 
dent sat in the left-hand corner of the box, 
and Miss Harris in the right-hand corner. 
Mrs. Lincoln sat to the right of the Presi- 
dent, as I am sitting here. Then the gentle- 
man in citizen's clothe?, whom I learned 
afterward was Major Rat hbone, sat back al- 
most in the corner of the box. The Presi- 
dent, at the time he was shot, was sitting in 
this position ; he was leaning his hand on 
the rail, and was looking down at a person 
in the orchestra, not looking on the stage. 
He had the flag that decorated the box pulled 
around, and was looking between the post 
and the flag. As the person lit on the stage, 
just as he jumped over, I saw it was Booth. 
I saw the flash of the pistol back right in the 
box. As he struck on the stage, he rose and 
exclaimed, "Sic semper tyranjus," and ran 
right directly across the stage to the oppo- 
site door, where the actors come in. I did 
not see anything more of him that evening. 
I got out as quick as T could. I had a little 
girl with me, who lived on E street. As I 
understood General Grant was to be at the 
theatre that night, I took her with me to see 
him. I got her home as quick as I could, 
and then ran down Ninth street to D, and 
through P to the police station, went up 
stairs, and told the Superiutendent of Police, 
Mr. Webb. I then ran up Tenth street to 
the house where the President was. Some 
one told me that General Augur was up 
there, or Colonel Wells. Colonel Wells was 
standing out on the step of Mr. Peterson's 
house. I told him I had seen it all, and knew 
the man that jumped out of the box. He told 
the guard to pass me through, and I went in 
and stated it to him. I then went over the 
stieet and went to bed. In the morning, 
when I got up, I saw Mr. Gilford, and he 
said to me, "You made a hell of a statement 
about what you saw last night. How could 
you S€e the flash of the pistol when the ball 
was shot through the door?" I said to him, 
'•Mr. Gilford, that pistol never exploded in 
any place but in the box ; I saw the flash." 
Said he, " Oh, hell, the ball was shot through 
the door, and how could you see it?" I 
studied about it all day. On Sunday morn- 
ing. Miss Harris came down, and her father. 
Senator Harris, and Judge Olin and Judge 
Carter, and I went into the theatre with 
them. We had a great deal of difficulty in 
getting the theatre open. Maddox and Gif- 
ford were in the theatre, but would not open 
the door. I sent a j'oung man through my 
back way, and he broke a window in, and 
then Maddox came to the front door, opened 
the theatre, and let us in. We got a candle 
and examined this hole, where Mr. Gilford 
said the ball was shot through. It looked 
to me like as if it had been bored by a small 
gimlet, and then cut around the edge with a 
knife ; and in several places it was scratched 



down as if with a knife. This thing had 
bothered me all night on Saturday night, 
and after this examination, I was satisfied 
that I saw the flash of the pistol. Mr. Gif- 
ford's accusing me of making this statement 
bothered me all night. I saw him on Mon- 
day, and said to him, " Mr. Gifford, you are 
a very smart man. You knew that ball was 
not shot throuiih the board." Said be, "I 
have understood since that it was cut 
through." Said I. "Did you not know it 
was cut through?" Said he, "No; how 
did I know anything about it?" and walked 
away and left me. 

Q. Is Gifford the chief carpenter of the 
theatre? 

A. Yes, sir ; he had charge of the theatre 
altogether. He was chief carpenter, and then 
he had the manaiiement of the theatre; he 
bad full charge of it; at least, I always un- 
derstood so. I recollect that when Richmond 
was surrendered, I mentioned to him, " Have 
you not got any fli^s in the theatre?" He 
said to me, " Yes, I have ; I guess there is a 
flag about." I said to him, " Why do you 
not run it out on that roof?" and he said, 
"There is a rope; is not that enoagh ?" 
Said I, "You are a hell of a man ; you ought 
to be in the Old Capitol," and walked away 
and left him. He did not like me anyhow. 

Q. The President's box was on the south 
side of the theatre? 

A. Yes, sir ; he always had that box every 
time I ever saw him at the theatre. 

Q. Did you hear any other exclamation 
besides " Sic temper Tyrannis?" 

A. I heard some one hallo out of the box — 
I do not know that it was him ; I suppose it 
was though ; it must have been — "Revenge 
for the South," just as he was putting his 
foot over this railing. There was a post 
there, and the President was right in the cor- 
ner, and he jumped in between the President 
and the post. Just as he went over the box, 
I saw the President raise his head and then 
it hung back, and I saw ilrs. Lincoln catch 
him on the arm. I was satisfied then that he 
was hurt. By that time Booth was across 
the stage. 

Q. Did Booth's spur catch in the flag ? 

A. His spur caught in the flag that was 
stretched around the box. There was also a 
flag decorating this post. His spur caught in 
the blue part of it. 1 thought it was a State 
flag at first by the looks of it, but I saw af- 
terwards when I examined it that it was the 
blue part of the Americau flag. As he went 
over, his spur caught in the moulding that 
ran around the edge of the box and also in 
this flag, and tore a piece of the flag as he 
struck on the stage, and it was dragged half- 
way across the stage on his spur. I saw that 
the spur was on his right heel. 

Q. Did you observe that hole closely to see 
whether it had been freshly cut? 

A. No, sir; I could not tell; it looked as 



thouorh it was just done. Miss Harris re- 
marked that Diorning, " There is one thing I 
want to examine ; I am satisfied there was a 
bar across the door when I jumped off my 
seat and called for assistance." We went and 
looked, and there was a square hole cut iu 
the wall just big enough to let iu a bar, and 
this ran across to the door. The door stands 
in a kind ot an angle, and thi? bar being 
placed in the wall, th" other end came against 
the door, and you could not open it. That 
had been cut with a penknife, as it looked to 
me. There was a scratch down the wall. 

Q. Could you observe the character of the 
spur at all, or did he move too rapidly for 
that? 

A. I could not observe that. The way I 
noticed the spur was, when I saw the flag 
pulled down I watched to see what it was 
caught to, as he went over the edge of the box. 
Q. You did not see him after he disap- 
peared behind the scenes ? 

A. No, sir ; I did not see him afterwards. 
He ran right acro?s the stage. I was up in 
the dress-circle and he ran out the side door. 
A young man named Hawk was the only 
one on the stage at the time. As he went 
over he had the knife raised, the handle up 
and the blade down. 

Q. He went out on the opposite corner of 
the sta2;e from the President's box ? 

A. Yes, sir; he ran right straight across 
the stage. 

Cross-examined by Mr. Ewing : 
Q. Did you see the bar? 
A. I did not. We could not find it. There 
was no bar there on Sunday morning. 

Q. Do you know Edward Spangler, the 
prisoner at the bar ? 

A. I know Mr. Spangler. 
Q. Did you see him that niglit? 
A. I do not recollect seeing him that night 
at all. I was in the theatre all the night. I 
went in, I think, at about twenty minutes to 
eight o'clock. I wanted to be there before 
the party came there, and I went in early. I 
did not see Mr. Spangler that night at all, 
that I recollect. 

Q. Do you know him well? 
A. Yes, sir; he worked at the theatre, 
Q. Did you ever see him wear a mous- 
tache ? 

A. I do not think I ever did. I do not 
recollect ever seeing hini wear a moustache. 
He never wore any moustache, I think, since 
I have been there. 

William Withers, Jr. 
a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the JtJDGE Advocate : 

Q. Do you belong to the orchestra of Ford's 
Theatre ? 

A. Yes, sir. 

Q. Were you there on the night of the as- 
sassiaatio i of the President? 



A. Yes, sir. 

Q. Did you see J, Wilkes Booth ? 

A. Yes, sir. 

Q. State what you saw of him. 

A. I had some business on the stage with 
our stage manager that night in regard to 
a national song that I had composed, and I 
went to see in what costume they were going 
to sing it in, as it was the after piece. I 
went up on the stage and talked with the 
sta/];e manager a little while, and he told me 
that they would sing it in the costume they 
wore in the piece. After that was over I 
went to return under the stage, where my 
orchestra was, and went very leisurely along, 
and I heard the report of the pistol just as I 
was in the act ofgoiug under thestage. I stood 
with astonishment to think why they should 
fire a pistol off in "Our American Cousin," 
as I had never heard of such a thing before. 
As I turned around I heard a confusion, and 
met this man [Booth] running towards me, 
with his head down. I stood completely par- 
alyzed at the time. I did not know what 
was the matter. As he ran I could not get 
out of his way, so be bit m=' on the leg and 
turned me around, and made two cuts at me — 
one in the neck and one on the side — and 
knocked me from the third entrance down to 
to the second. The scene saved me. As I 
turned I got a side view of him, and I saw it 
was Johu Wilkes Booth. He then made a 
rush for the door, and out he went. After 
that was over I returned on the stage, and 
I heard then that the I'resident was killed, 
and I saw him in the box, apparently dead. 

Q. Which way did he go out of the theatre ? 

A. Out of the back door. 

Cross-examined by Mr. Ewing : 

Q. Are you acquainted with the prisoner 
Edwaid Spangler? 

A. I have known him ever since I have been 
in the theatre. 

Q. Did you see him that night? 

A. No Sir; I do not recollect of seeing hira 
that night. I only happened to go on the 
stage in that act that night to see the stage- 
manager, Mr Wright. 

Q. W^liich side of the stage did j-ou go on ? 

A. The right hand side facing the audi- 
ence. 

Q. That was the side farthest from the 
President box ? 

A. Yes, sir. 

Q. What was the position of this man Spang- 
ler ? What place had he on the stage, if any ? 

A. His position ought to have lieen at the 
scene. If it should be changed, right in the 
centre of the stage. His business there >s to 
change the scenes, and he ought to have 
been there, either at the wing or right be- 
hind the scenes. 

Q. On which side? 

A. I really do not know. There are two 
that shift the scenes, but I do not know 
which position he had there. 



Q. You do not know which side was his 
position? 

A. No, sir. 

Q. Do you know whether the passage 
through which Booth passed out of the door 
is obstructed generally? 

A. Sometimes there are a great many 
scenes there so that you cannot pass. Dur- 
ing some of the pieces while Air. Forrest was 
there, there were a great ma^i\' scenes put up 
against the wall, and generally there are a 
lot of tools lying close by this door, but oji 
that night everything seemed to be clear. I 
met nobody tliere that night that I met John 
Wilkes Booth. 

Q. Was there a necessity for mnnv shift- 
ings of the scenes in the play that night? 

A. There was a very long wait in that 
scene. 1 think it was the time Asa Trench- 
ard was to meet ilarj- Meredith and propose 
to her. After he does that they both go otF 
and the scene changes there. I do not think 
it wanted many minutes until the scene 
changed. 

Q. Was it a time in the scene, and such a 
scene, where the stage and that pasuage-way 
would probablj', in the ordinary course of 
things, have been obstructed? 

A. A little, by some of the scene-shifters. 
They might have been there, and the actors ; 
some of them had to go on the next scene, 
which required their presence. 

Q. Where is the actor's room? 

A. The actor's room is to the right, facing 
the audience as you go up the stairs; the 
green room is about two yards from the 
stage ; there is a wall partition that separated 
the stage and the green-room, and then there 
is the stars' room, on the first floor, end up 
stairs are the dressing-rooms for the act- 
ors. 

Q. The green-room is the p'ace where the 
actors wait before going on the stags? 

A. Yes, sir; they are called from this 
room to prepare to go on the stage about five 
minutes or sometimes two minutes before 
they go on the stage, and they sit down there 
and wait for the call-boy to call them and 
go on in the respective scenes. 

Q. Did Booth pass between the scenes and 
the green room? 

A. Yes, sir. 

Q. How wide is that passage between the 
scenes and the green room? 

A. I should judge it to be about as wide 
as this railing, (about four feet.) The door 
faces right on the stage. There is another 
scene that comes to separate it, but this 
leaves the door from the scene. You look 
from the scenes to the dressing-room. Here 
is a scene and there also ; and from here there 
is a prompter's desk, and this scene is open 
from the door that leads into the dressing- j 
room. Then there is an open space that leads 
right on to the stage, and nothing to obstruct 
the passage. | 



Q. I mean from the door out of which he 
passed ? 

A. It is not so large as the dressing-room 
door there, and there are some scenes there 
that obstruct the passage for anybody. — 
Where we go down under the stage there is 
a little bo.ic made, where the carpenters put 
their tools on sometimes. You have to stoop 
as you go under to get to the orchestra, and 
there is nnly a little narrow passasre as you 
get out of this door. It is narrower about 
two yards before you get to the door than 
before. 

Q. And in passing from where Booth 
leaped on the stage to where he made his exit, 
he would leave the green-rootu to the left? 

A. Yes, sir. 

Q. As he would pass between the scenes 
and the green-room ? 

A. No; he would pass the green-room 
door. There is a partition that separates the 
green-room. You have to go in about two 
yards after leaving this door to get into the 
green-room, and when that is shut, the stage 
is all open. 

Q. Did you ever see Spangler wear a 
moustache? 

A. No. I have seen him as he appears 
now. I do not recollect ever seeing him 
wear a moustache. 

Q. How long have you known him? 

A. Ever since Ford's Theatre was opened. 
I played there when it first opened. 

Q. How long? 

A. That is going on two years now. 

By the Jddge Advocate : 

Q. Will you state if there is not a side way 
by which the theatre can be entered without 
passing through the door — parsing between 
the ssaloon and the theatre ? 

A. Not that I know of. 

Q. Cannot it be entered from the street in 
that way, going in the back way? 

A. Not that 1 know of. There is only one 
little passage where the actors and the or- 
chestra get in, that leads out of the saloon. 
There is a door that leads into the saloon, 
and from this passage leads into the theatre. 

Q. That is used by the actors and persons 
connected with the theatre? 

A. Yes, sir. It was used when the the- 
atre first opened, so that the actors could go 
out, without being observed, to get a drink 
sometimes. This little door leads into the 
bar-room. 

Q. Is there a passage way from the rear of 
the theatre to the front without passing 
through that front door? 

A. Not that I know of. 

By the Court : 

Q' When you met Booth on the stage as 
he was passing out, could you see the door 
where he went out ? 

A. Yes, sir. 

Q. Was th"rr any door-keeper standing 
around there that you saw? 



8 



A. I did not ?ee one. 

Q. Wns the door open ? 

A. I do not think it was, because, as I 
turned around when I heard the report of the 
pistol — I was astonished that a pistol should 
be fired off in that piece — I looked at the 
door, because the door was only a yard from 
ine. 

Q. There was nothing to obstruct his pas- 
sage out? 

A. No, sir, nothing. 

Q. Was not that an unusual state of 
things? 

A. It seemed strange to me. 

Q. Was it not unusual ? 

A. Yes, sir. 

Q, Was there any check at the door, or 
was it open before? 

A. No, sir. When he gave me the blow 
that knocked me down in the scene, and 
when I came to and got a side view of him, 
it seemed to me that he made one plunge at 
the door, and as soon as he made the plunge 
he was out. 

Q. The door opens out ? 

A. I think it opens inward on the stage. 

Q. Was it your impression that the door 
was opened for him, or did he open it him- 
self? O 

A. I do not know. 

Q. What was your impression ? 
'"' A. It seems to me I tried it myself the day 
I went to rehearsal, to get a hold of the door, 
because it surprised me that he made a jump 
and went out of the door. 

Q. There was no delay, but he passed right 
out? 

A. There was no delay; from the jump he 
made he went right out. 

Q. Was it your impression that some one 
assisted him to get out by opening the door? 

A. I could not say. I tried the door to 
gee if the knob would come that way. I 
did not see anybody, only him, go out. 

By the Jddgb Advocate : 

Q. Do the scenes stand at this moment just 
as they were left at that time, or have they 
been changed? 

A. I really do not know. 

By the Cocut : 

Q. Did you say there was no way for any 
person getting out from tlie rear of the the- 
atre except out of the front entrance? 

A. You have to come to the front, without 
you go to the alley and come in the front. 

Joe SiMMS, (Colored,) 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. Do you live in this city ? 

A. Yes, sir. 

Q. What connection have you had with 
Ford's Theatre? 

A. I worked there two years. I came 
there when I first came to Washington. 



Q. Were you there on the night the Presi- 
dent was assassinated? 

A. I was up on the flies, to wind up the 
curtain. 

Q. Did you see Booth there that evening? 

A. I saw Mr. Booth that evening between 
5 and 6 o'clock. 

Q. State where you saw him, and what he 
did and said. 

A. When I saw him, he came in on the 
back part of the stage, and went through to 
the front of the house. I was in front of the 
house, and Mr. Booth came out there and 
went out and into one of the resiaurants by 
the side of the theatre. I saw him no more 
that night until the performance was. Dur- 
ing the performance, I heard the fire of a pis- 
tol, and looked immediately to see where it 
was. When I looked I saw him jumping 
out of the private box down on to the stage, 
with a bowie-knife in his hand, and then 
making bis escape across the stage. . I saw 
no more of him. 

Q. Did you hear anything that he said? 

A. No, sir; not a word. 

Q. Who was with him when he went out 
to drink? 

A. There was nobody with him then ; but 
one of the men, a man named Spaneler, was 
sitting out in front, and he invited bim in to 
take a drink. 

Q. Is that the man who is here? 

A. That is the man, [pointing to Edward 
Spangler.] 

Q. Did you hear a word said between 
them ? 

A. Not a word. They went into the res- 
taurant and took a drink ; that was all I saw 
or heard. 

Q. Did 3'oii see or hear Booth when he 
came up to the back of the theatre with his 
horse? 

A. I did not hear him myself, neither did 
I see him ; but the other colored man that 
works with me saw him. 

Q. Is he here? 

A. He is here. 

Q. You know Mr. Spangler very well ? 

A. Yes, sir. 

Q. Were he and Booth very intimate? 

A. They were quite intimate together, but 
I know not of anything between them. 

Q. You only saw them often together? 

A. Yes, sir. 

Q. Drinking together? 

A. Yes, sir. 

Cross-examined by Mr. Ewing : 

Q. Did Mr. Spangler have anything to do 
with Booth's horses? 

A. No more than he used to have them at- 
tended to while Mr. Booth was away. 

Q. He had charge of the horses ? 

A. Yes, sir. 

Q. Saw to their being fed and watered ? 

A. Yes, sir. 

Q. Was he hired by Mr. Booth ? 



A. Mr. Spangler was not, but there was a 
yoiinoj man hired by Mr. Booth. I suppose 
Mr. Booth thought this young man might 
not do right by his horses, and he got Mr. 
Spangler to see that it should be done right 
when he was not there. 

Q. What position had Mr. Spangler in the 
theatre ? 

A. Mr. Spangler was one of the stage man- 
agers, one that shoved the scenes at night and 
worked on the stage all day. 

Q. On what side of the stage was his usual 
position in the theatre? 

A. On the back part of the stage, there was 
his particular place. 

Q. On which side ? 

A. On the right-hand side of the stage. 

Q. As you face it from the audience? 

A. Yes, sir. 

Q. That was the side of the President's 
box, was it, or vvas it not ? 

A. No, sir ; the President's box was on the 
left-hand side. 

Q. The left-hand side looking out from the 
stage ? 

A. Yes, sir. 

Q. Mr. Spangler's place, you say, was on 
the other side? 

A. Yes, next to the back door leading out 
to the alley. 

Q. Where was your position? 

A. Right on the flies, where we wind the 
curtain up, on the third story. 

Q. Did you see Mr. Spangler that night 
after five o'clock ? 

A. Oh, yes; Mr. Spangler was there on the 
stage attending to his business, as usual. 

Q. At what time did you see him ? 

A. In the early part of the night, I cannot 
tell exactly when ; I never inquired to know 
the particular time. We had no time up 
there where we were. Only two men worked 
up there. 

Q. How long did you see him before the 
President was shot? 

A. I did not see Mr. Spangler at all before 
the President was shot. I myself was not 
thinking about anything like that going on. 
I was busy looking at the performance until 
I heard the report of a pistol. 

Q. Did you not see Mr. Spangler during 
the play that night? 

A. Yes, sir, he was there ; he was on the 
stage during the play ; he was obliged to be 
there. 

Q. Did you see him in the first act? 

A. Yes; he was there in the first act; I 
saw him then. 

Q. Did you see him in the second act ? 

A. I do not remember seeing him in the 
second act. 

Q. Were you down off the flies ? 

A. I was not off the flies. 1 could see him 
very well from the flies on the opposite side 
of the stage, next to the side where the Pres- 
ident was sitting in his box. I could see 



from my side over to that side of the 
stage. 

Q. Were you on the side that the Presi- 
dent's box was on? 

A. No, I was on the other side. 
Q,. And Mr. Spangler's place was on the 
opposite side below ? 
A. Yes, sir. 

Q. You say you did not see him during the 
second act ? 

A. I did not see him during the second 
act. 

Q. Were you looking for him ? 
A. No, sir; I was not looking for him dur- 
ing the second act. 

Q. Was he a sort of assistant stage mana- 
ger? 

A. Yes, sir; he was one of the regular 
stage managers, to shift the scenes at nights. 
Q From where you were could you see 
into the President's box? 

A. I could. From where I was, I could 
see him plain. 

A. And could you see also where Mr. 
Spangler was in the habit of being? 
A. Yes, sir. 

Q. Both of them were on the opposite side 
of the theatre from you ? 

A. \ <^s, sir, on the opposite side. 
Q. Both of them, then, were on the same 
side with each other? 
A. Yes, sir. 

Q. What time in the first act did you see 
Spangler ? 
I A. In the first act I saw him walking 
, aroung the stage looking at the performance. 
I Q. Did he have his hat on ? 
I A. Yes; be always had his hat on in the 
back entries. 

I Q. How was he dressed ? 
I A. I cannot tell exactly what kind of 
j clothes he had on, but just a common suit. 
I Q. Did he look as he does now ? 

A. Oh, no, sir ; he did not look ashelooks 
I now. 

Q. How was his face? 
A. It is just 'as natural now as it was then. 
j Q. Did jou ever see Mr. Sgangler wear a 
: moustache? 

j A. No, sir, I never did. 
I Q. From where you were up on the flies, 
I you could sometimes see him where he was, 
I and sometimes, when he would change his 
I position, you would not see him ? 
A. I could not see him then. 
Q. You just saw him occasionally, and his 
position generally was around on the side 
opposite to that ivhere you were ? 
A. Yes, sir. 

John Miles, (Colored, ) 
a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. Do you belong to Ford's Theatre; and 
have you been working there? 



10 



A. Yes, sir. 

Q- Were you there on the night of the 
assassination of the President? 

A. Yes, sir. 

Q. Did you see J. Wilkes Booth there ? 

A. I saw him when he came there. 

Q. What hour did he come? Tell us all 
you saw. 

A. He came there, I think, between nine 
and ten o'clock, and he brought a horse from 
the stable and came to the back door and 
called "Ned Spangler" three times out of the 
theatre. Ned Spangler went a cross the stage 
to him. After that I did not see what became of 
Booth, and never notictdhim any more until 
I heard a pistol go off. I then went up in 
sight of the President's bo.x. The man up 
with me said some one had shot the President. 
The President had then gone out of sight. I 
could not see him. I went in a minute or 
two to Ihe window and I heard the sound of 
horses' feet going out of the alley. 

Q. Did you see anybody holding the horse 
out there? 

A. I saw the boy holding the horse there; 
from the time I saw him he held him fifteen 
minutes. 

Q. Was that after he called for Spangler? 

A. Yes, sir. 

Q. You mean Spangler, he prisoner here? 

A. Yes, sir. 

Q. You do not know what was said between 
them ? 

A. No, sir; T do not know anything about 
what was said between them. I did not un- 
derstand a word. I only haard him called 
"Ned." 

Q. You say he came up to the door with 
his horse between nine and ten o'clock. Do 
you know at what hour he put his horse in 
the little stable back of the theatre? 

A. He had put his horse in the stable when 
I came over there. He and Ned Spangler and 
Jim Maddox came up from the stable in 
the evening, I think, about three o'clock. 
I judge it was about that time. I did not 
notice the time particularly. 'It was the time 
he came right through the theatre. 

Q. How far is the little stable in which he 
kept the horse from the theatre? 

A. Not more than fifty yards, if that. 

Cross examined by Mr. Ewing. 

Q. Was the play going on when Booth rode 
up and called for Spangler? 

A. They had just closed a scene and were 
getting ready to take off that scene at the time 
he called for Spangler. Spangler was at the 
second groove then, and pushed a scene across. 
Booth called him three times. 

Q. Where were you then? 

A. Up on the flies, about three and one- 
half stories from the stage. 

Q. Was that in the third act? 

A. I think it was in the third act. 

Q. How long was it before the President 
was shot? 



A. The President came in during the first 
act, and I think it was iu the third act he waa 
shot. 

Q. About how long do you think it was 
from the time Booth came up there until the 
President was shot? 

A. From the time he brought the horse 
there until the President was shot, I think it 
was about throe-quarters of an hour. I saw 
Booth when he brought the horse from the 
stable to the door, and from that time until 
the President was shot, I think, was three- 
quarters of an hour. 

Q. Do you know who held the horse ? 

A. John Peanuts held him ; he was lying 
on a bench holding the horse when I noticed 
him. I was at the window pretty nearly all 
the time from the time Booth brought the 
horse until he went away. Every time I looked 
out of the window John Peanuts was lying 
on the bench holding the horse. I did not 
see any one else hold him. 

Q. Was John Peanuts there when Booth 
came up? 

A. I do not know ; he was at the theatre, 
but I do not know whether he was at the door. 

Q. Did you look out to see who was there? 

A. There was nobody there when Booth 
came up, that I saw, because I was looking 
out of the window. 

Q. Did Spangler go out? 

A. He went to Booth. I supposed Booth 
was at the door. 

Q. Spangler went to hira ? 

A. He ran^ across the stage when Booth 
called him. Some person told him that Booth 
called him, and he lan across the stage to 
him. 

Q. Do you know whether he went out of 
the door ? 

A. I do not know whether he did or not. 
I did not see him go out. 

Q. Do you know how long Spangler stayed 
there ? 

A. No ; because when I looked out again 
his boy was holding the horse. 

Q. How long was that after he called 
Spangler.' 

A. Not more than ten or fifteen minutes. 

Q. Do you know what Spangler had to do 
with Booth ? 

A. No, sir; only I saw him appear to be 
femiliar with him, and keeping his company 
and so on when he was round about there. 

Q. Did Booth treat him? 

A. I do not know ; I never saw him treat 
him. 

Q. Did Spangler have anything to do with 
Booth's horses — hitch them up, or saddle 
them, or hold them? 

A. Yes, sir; I have seen him hold them 
down at the stable. 

Q. Did you know anything about his 
hitching Booth's horse or saddling him up ? 

A. I never saw hira hitch any up there, 
but I have seen hira hold the horse there at 



11 



the stable door. John Peanuts always at- 
tended to the horses. I never saw Spangler 
put any gear on any of theni. 

Q. Do you know what place on the stage 
Spangler generally occupied? 

A. He worked on the right-band side, the 
side next to E street. 

Q. The side the President's box was on ? 

A. Yes, sir ; on that side. 

Q. Cuiild you see from where you were up 
in the flies ? 

A. 1 could see right straight down through 
the scenes on that side of the stage, and I 
always saw him work on that side. 

Q. Was he on that side when Booth called 
him ? 

A. Yes, sir ; he was. 

Q. WJiiit was Spangler's business on that 
side? What kept him ou that side ? 

A. He shoved the scenes at night on that 
side. 

Q. Was there another man shoving from 
the other side? 

A. Yes, sir; there was another man op- 
posite to him. 

Q. Did you see Spangler after you saw that 
Peanut John was holding Booth's horse? 

A. I never saw him anymore uulil I came 
down. I came down the stairs afier the 
President was shot, and Spangler was out at 
the door. 

Q. At what door? 

A. At the same door Booth went out, when 
I came down stairs. 

Q. Were there others out there? 

A. Y'es ; there were some more men out 
there; I did not notice who they were, but 
some nioie besides him 

Q. More men of the theatre ? 

A. That were at the theatre that night ; 
there were some strangers out there then, I 
believe, because every person had got over 
the stage then that wanted to go over. 

Q. How many men were out at the back 
door at that time? 

A. Not more than two or three out of the 
door when I came down, because I came 
down in a very short time after I understood 
what it was, and Spangler came out and I 
asked him who it was that held the horse, 
and he told me " hush," " not to say noth- 
ing," and I did not say any more, though I 
knew who it was, because I saw the boj^ 
who was holding the horse. I knew that the 
person who brought the horse there rode him 
away again. 

Q. 'i'ou could not see Spangler all the time 
when he was on the stage, could you, from 
where you were? 

A. When he was working on that side I 
could see him all the while if I looked for 
him. 

Q. Did you look for him that night? 

A. No; I did not notice him particularly 
that night more than usual. I would not 
have noticed him when I did, only I heard 



Booth call him, and I noticed where he was 
when he went to Booth. 

Q. He might have been on that side all 
night without your noticing it? 

A. He might. 

Q. You do not know, then, whether he 
was on that side or not? 

A. He was on that side when I saw him 
before then, and he was on that side then. 

Q But you did not look for him after 
that? 

A. I did not look for him at all. 

Q. What was it you asked Spangler when 
you came down ? 

A. Tasked him who it was holding the 
horse at the door of the theatre. 

Q. What did he say? 

A. He told me to hush ; not to say any- 
thing at all to him ; and I never said no more 
to him. 

Q. Was he excited? 

A. He appeared robe. 

Q. Was everybody excited ? 

A. Every person appeared to be very much 
excited. 

Q. When you asked him who it was who 
was holding the horse, he said, "Hush ; don't 
say anything to me?'' 

A. Yes, sir. 

Q. And you saj', " Hush ; don't say any- 
thing to me? 

A. I mean the same thing, to hush, not say 
anything about it. That was the word. Not 
thinking at the time, I said, "Do not say 
anything to me ; but he said, " Dont say any- 
thing about it." That was the word; that 
was what he said, "Don't say anything 
about it." 

Q. Do you know Spangler well ? 

A. Oh, yes ; at least, I know him when I 
see him. 

Q. Did you ever see him wear a mous- 
tache ? 

A. No, sir ; I do not think I ever saw him 
wear a moustache. 

By the Judge Advocate : 

Q. This remark he made to you, "Hush, 
don't say anything about it," was immedi- 
ately after the killing of the President, was 
it? 

A. Yes, sir ; right at the door when I went 
out doors. 

Q Did he make any other remark as a 
reason why you should not say anything 
about it? 

A. No, sir ; not a word to me. 

Q. He made no other remark ? 

A. No, sir: not a word to me. 

Q. Did you see Booth tio out of the door? 

A. No, sir ; I did not see him go out of 
the door, but I heard his horse when it went 
out of the alley ; whether it went right or 
left I cannot tell, but I heard the rapping of 
his feet on the ground. 

Q. Was the door left open at that time when 
Booth was gone, or was it shut ? 



12 



A. It was open when I came down stairs. 
I do not know whether it was left open from 
the time he came in and went out or not; 
but it was open when I got down stairs. I 
had to go down three and a-half stories be- 
fore I got down on the stage, and when Igot 
down it was open. 

Q. Do you know anybody who probably 
heard your remark to Mr. Spangler and his 
reply to you ? 

A. No, sir; I do not know any person 
that was noticing the words at all. There 
were a good many persons around, but I do 
not know that any of them was noticing the 
words used. 

By the Court : 

Q. When Booth called for Ned Spangler the 
first time, did you see where Spangler was ? 

A. Yes ; when I noticed where Spangler 
was, he was right across the stage. 

Q. You say Booth called him three times; 
when he called the tirst time, did you see 
where Spangler was ? 

A. I did not see where he was then, be- 
cause I did not notice where he was until 
Booth called him the third time; then I saw 
where he was standing. 

Q. Where did Spangler meet Booth then ? 

A. He went towards the door. After he 
got underneath the flies, I could not see him 
any more. 

Q. Then you lost sight of him as he was 
going to the door? 

A. Yes sir ; as he went across the stage. 

Q. How long was be with him ? Can you 
tell? 

A. I cannot tell, because I did not see 
Spangler again until I came down from off 
the files. 

Q. When Spangler told you to hush, not 
to say anything about it, was he near the 
door ? 

A. He was, I suppose, about a yard and a 
half from the door. 

Q. Was anybody else near the door but 
him ? 

A. There was nobody else near the door 
that I could see ; that is, there was nobody 
else between him and me and the door. 

Q. Did he have hold of the door at that 
time ? 

A. No ; he was walking across the door 
when I spoke to him ; he was walking across 
the door, in front of the door, outside the 
door. There was nobody else between him 
and me and the door, because I brushed right 
up to him and asked who was holding the 
horse. 

Q. Right at the door was it lighter dark? 

A. Dark right at that door ; and it was a 
dark night anyhow. 

Q. But there was no light right there? 

A. No light there. 

By Mr. Ewing : 

Q. Were you and Spangler inside the door 
or outside the door ? 



A. Outside. 

Q. Where were the other people that you 
say were about there ? 

A. They were standing ju't round about 
there, some of them a little further from the 
door. 

Q. Still further outside the door? 

A. Yes, further outside the door. 

Q. You were between these people and the 
door? 

A. Yes, sir. 

Q. And all were in the alley ? 

A. Yes, sir. 

By the Court : 

Q. Did he appear to be covering that door ? 

A. No, sir ; he did not appear to be cov- 
ering it at all. 

Q. Did he act as if he was trying to pre- 
vent persons from getting in or out that 
door? 

A. No. He did appear to be excited. 
That was the only thing I discovered about 
him — very much excited. 

Q. At that time Booth had gone out of the 
alley ? 

A. Yes, sir ; he had gone out of the 
alley. 

John F. Sleickmann, 
a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. Have you been connected with Ford's 
Theatre in this city? 

A. Yes, sir. 

Q. Were you there on the night of the as- 
sassination of the President ? 

A. I was. 

Q. Do you know J. Wilkes Booth? 

A. Yes, sir. 

Q. Did you, or not, see him on that night, 
and if so, at what hour and under what cir- 
cumstances ? 

A. I saw him about nine o'clock, I guess 
it was. He came up on a horse and came in 
a little back door to the theatre. Ned Spang- 
ler was standing there by one of the wings, 
and Booth said to him, "Ned, you will help 
me all you can, won't you? and Ned said, 
"Oh, yes.'; 

Q. I understand you to say that as Booth 
came up to the door with his horse, he said 
that ? 

A. When he came in the door after he got 
off the horse. 

Q. Was that his salutation, the way he first 
addressed Spangler? Were those the first 
words he spoke ? 

A. Yes, sir ; the first words that I heard. 

Q. " Ned, you will help me all you can, 
won't you?" 

A. Yes, sir; and Ned said, "Oh, yes." 

Q How long was that before the President 
was shot ? 

A. I should judge it to be about an hour 
and a half. 



13 



Q. Did you observe the horse afterwards, 
by whom it was held ? 
A. I did not. 

Q. You did not see Booth any more? 
A. I just got a glimpse of hira as he was 
going out the first entrance on the right hand 
side. 

Q, What hour was that wliea you saw 
him going out of the first entrance ? 

A. About half-past ten o'clock, I think. | 
That was after he shot the President. 

Q. You mean, he went out the back 
door? 

A. I do not know where he went after 
that. I did not see him. 

Q. You say you saw him going out ? 
A. 1 saw him going out the entrance near 
the prompter's place. 

Q. That is near the back door ? 
A. Y'es ; you go there, and turn to your 
right, to go out the door. 

Cross-fxamined by Mr. EwiNG : 
Q. Did you hear Booth calling for Span- 
gler ? 

A. No, sir. He just came up and said, 
"Ned, you will help me all you can, won't 
you?" and Ned said, " Oh, yes." 
Q. Where were they then? 
A. Right by the back door. 
Q. Did Booth ride up? 
A. I guess so. I did not see him on the 
hoise; but ihe horse was standing there 
when he came in the back door. 

Q. Was anybody holding the horse then ? 
A. I did not see anybody holding the 
horse at all. 

Q. Was not Spangler holding him? 
A. No ; Booth was talking to Ned. 
Q. Was Booth lioldiug the horse? 
A. No ; Booth had come inside the door. 
Q. Did you see the horse? 
A. I saw the horse ; he left the door open. 
Q. But you cannot say whether anybody 
was holding the horse or not? 

A. I caunot. It was dark out there, and 
I could not tell much about it. 

Q.- What was your place in the theatre? 
A. I was assistant property-man. 
Q. What was your position on the stage ; 
any particular place? 

A. We have to set the furniture and ev- 
erything of that kind on the stage. 

Q. What was Spangler's position on the 
stage ? 

A. Stage carpenter ; shoving the scenes, 
and so on. 

Q. Is he the principal stage carpenter? 
A. No, sir, Mr. Gilford is the principal 
stage carpenter. 

Q. Spangler is just a rough carpenter ? 
A. He was helping Mr. Gilford there; 
hired by Mr. Gifford. 

Q. What was Spangler's place on the stage 
during a play? 

A . He had to shove the scenes together. 
Q. On which side? 



A. I do not know on which side particu- 
larly. 

Q. Were you about that night? 

A. Yes, sir. 

Were you on the stage ? 

I was. 

During the whole play ? 

I had to go down to the apothecary 

to get a few little articles to use in the 

; I do not believe I was out more thaa 

except when I went into the restaurant 

door. 



A. 

Q 
A. 

store 
piece 
that, 
next 



Joseph Bdrrodgh, 



a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. State whether or not you have been 
connected with Ford's Theatre in this city ? 

A. Yts, sir, I have been. 

Q. In what capacity? 

A. I used to stand at the stage door, and 
tlien carry bills in the daytime ; and I used 
to attend Booth's horse, see that he was fed 
and cleaned. 

Q. Did you know John Wilkes Booth ia 
his lifetime? 

A. I knew him while he kept his horse 
there in that stable. 

Q. Do you speak of the stable immediately 
back of the theatre? 

A. Yes, sir. 

Q. Did you see him on the afternoon of the 
14th of April ? 

A. I saw him when he broueht his horse 
to the stable, between five and six o'clock. 

Q. State what he did? 

A. He brought the horse and hallooed out 
for Spangler. 

Q. Did Spangler go down to the stable? 

A. Y'es, sir; he went out there. Mr. 
Booth asked him for a halter; he had none 
there ; and he sent Jake after one up stairs. 

Q. How long did they remain together 
theu? 

A. I do not know. Jim Maddox was 
down there then, too. 

Q. Did you see him again at a later hour 
that evening? 

A. I saw him on the stage that night. 

Q. Did you, or not, see him when he came 
with his horse between nine and ten o'clock 
that night. 

A. No sir, I did not see him when he came 
up the alley with his horse. 

Q. Did you see the horse at the door ? 

A. I saw bim when Spangler called me 
out there to hold the horse. 

Q. State all that happened at that time 
what was said and done. 
A. I can not. 

Q. Why ? Do you not recollect it? 
A. No, sir. 

Q. Did you see Booth when he came there 
with his horse? 
A. No, sir, I did not see him. 



14 



Q. Did you hear kim call for Ned Spangler? 
A. No, sir, I lieard Debonay calliug Ned, 
that Booth wanted him. 

Q. "Who held Booth's horse that evening ? 

A. Nobody but me ; I held him that night. 

Q. Who gave you the horse to hold? 

A. Spangler. 

Q. At what hour? 

A. I cannot tell exactly what hour ; be- 
tween nine and ten I think. 

Q. How long was it before the President 
was shot? 

A. I held the horse about fifteen minutes. 

Q. What did Spangler say when he asked 
you to hold the horse? 

A. He just told me to hold it. I said I 
could not, I had to go in and attend to my 
door. He told me to hold the horse, and if 
there was anything to lay the blame on him. 
So 1 held the horse. 

Q. Did you hold him near the door? 

A. No ; 1 was sitting over against the 
house theie, on a carpenter's bench. 

Q. Did you hear the report of the pistol ? 

A. Yes, sir. 

Q. Were you still on the bench when Booth 
came out? 

A. I had got off the bench then. 

Q. What did he say when he came out ? 

A. He told me to give him his horse. 

Q. Had you got up to the door ? 

A. No ; I was still out by the bench. 

Q. Did he do anything besides that? 

A. He knocked me down. 

Q. With his hand or not? 

A. He struck me with the butt of a knife. 

Q. Did he do that as he mounted his horse? 

A. Yes, sir, he had one foot in the slirrup. 

Q. Did he also strike or kick you? 

A. He kicked me. 

Q. As he got on the horse? 

A. Yes, sir. 

Q. Did he say nothing while getting on the 
horse ? 

A. He said nothing else ; he only hallooed 
to me to give him his horse. 

Q. Did he ride off immediately? 

A. Yes, sir. 

Q. State whether or not you were in the 
President's box that afternoon. 

A. Yes, sir ; I was up there. 

Q. Who decorated or fixed the box for the 
President ? 

A. Harry Ford put the flags around it. 

Q. Was or was not the prisoner Spangler 
with you in the box? 

A. He was up there with me. I went after 
him to take out the partition. 

Q. What was he doing? 

A. Harry Ford told me to go in with 
Spangler and lake out the partition of the 
box, as the President and General Grant were 
coming there. I then went after Spangler. 

Q. bo you remember whether, while Span- 
gler was doing that, he said anything in re- 
gard to the President? 



A. He made remarks and laughed. 
'^. What were they ? 

A. He said, "Damn the President and 
General Grant." 

Q. While damning the President, or after 
damning him, did he say anything else? 

A. I said to him, " What are you damn- 
ing the man for — a man that has never done 
harm to you?" He said he ought to be 
cursed when he got so many men killed. 

Q. Did he, or not, say anything in regard 
to what he wished in that connection? 
A. I do not remember that. 
Q. Did he or did be not say what he wished 
might happen to Gen. Grant? 
Mr. EwiNG objected to the question. 
A. I do not remember that. 
Q. Was or was there not anything said, ia 
the course of that conversation, as to what 
might or might not be done to the President 
or Gen. Grant? 

Mr. EwiNG objected to the question. 
A. No, sir; I did not hear anything. 
Cross-examined by Mr. Ewing : 
Q-. You say you did not hear anybody 
calling out for Spangler? 

A. 1 heard Debonay call for him, and be 
told him Mr. Booth wanted him out in the 
alley. 

Q. Who is Debonay? 
A. He used to be a kind of actor there. 
Q. Dfbonay called him, and told him Booth 
wanted him? 
A. Yes, sir. 

Q. How long was it after that that Span- 
gler called you? 

A. I do not know how long ; not very 
long ; about six or seven or eight minutes. 

Q. What were you doing when Spangler 
called you ? 

A. I was sitting at the first entrance on 
the left. 

Q. What business were you doing? 
A. I was attending to the stage-door there. 
Q. What had you to do at the stage-door 
there? 

A. I keep strangers out, and prevent those 
coming in who do not belong there. 

Q. You told him that you could not hold 
the horse; that you had to attend that door? 
A. Yes, sir. 
Q. And he said what? 
A. If there was anything wrong to blame 
it on him. 

Q. Were you around in front of the the- 
atre that night? 

A. I was out there while the curtain was 
down I go out between every act, while the 
curtain is down , when the curtain is up I 
go inside. 

Q. Did you see Booth in front of the the- 
atre? 
A. No, sir, I did not. 
Q. Did you see Spangler in front of the 
theatre ? 
A. NOj sir. 



15 



Q. Did you ever see Spangler wear a mous- 
tache ? 

A. No, sir. 

Q. Do you know wlietber Spangler wore 
any whiskers of any kind that night? 

A. I did not see him wear any. 

Q. Was not Spangler in the habit of hitch- 
ing up Booth's horse? 

A. He wanted to take the bridle off, and 
Booth would not let him. 

Q. When was that? 

A. Between five and six that evening. At 
first he wanted to take the saddle off, but 
Booth would not let him ; then he wanted to 
take the bridle o(F, but he would not agree to 
it, and he just put a halter around the horse's 
neck. He took the saddle off afterwards, 
though. 

Q. Was not Spangler in the habit of bri- 
dling and saddling, and hitching up Booth's 
horse? 

A. When I was not there he used to hitch 
him up. 

Q. Was he not in the habit of holding 
him, too, when you were not about? 

A. Yes, sir ; and he used to feed him when 
I was not about. 

Q. Then you and Spangler together at- 
tended to Booth's horse? 

A. Sometimes. Mr. Gilford gave me the 
job to attend to. He asked me if I knew 
anything about horses, and I told him I knew 
a little about them. Then he asked me if I 
would not attend to Booth's horse, and he 
gave me the job. 

Q. And Spangler used to help you about it? 

A. Yes, sir. 

Q. And when you were not there Spangler 
did it himself? 

A. Yes, sir; and Spangler used to go after 
feed sometimes. 

Q. Do you know the way Booth went out 
after he jumped out of the President's box? 

A. No, sir ; I was not in the alley. 

Q. Do you know the passage between the 
green room and the scenes, through which 
Booth ran, which leads right out to the door ? 

A. Yes, sir; that is on the other side of 
the stage. 

Q The one that Booth ran through when 
he went out into tlie alley ? 

A. I do not know what entrance he ran 
through. 

Q. Was Booth about the theatre a great 
deal? 

A. He was not about there much ; he used 
to go there sometimes. 

Q. Which way would he enter the theatre 
generally ? 

A. On Tenth street. 

Q. Did he sometimes enter back? 

A. Sometimes. 

Q. How far was the stable where Booth 
kept his horse from the back entrance of the 
theatre ? 

A. About two hundred yards. 



Q. Do you recollect what act was being 
played when you first went out to hold 
Booth's horse? 

A. I think it was the first scene of the 
third act. The scene had curtains on the 
door. 

Q. Was that scene being played when you 
went out to hold the horse? 

A. Y'es, sir ; they had just been closing 
in. 

By the Judge Advocate : 

Q. You have the nickname of " Peanuts" 
about there? 

A. Yes. sir; I used to stay at a stand in 
front of the theatre, and they call me "John 
Peanuts" about there. 

Q. Was there more than one horse in the 
stable that evening ? 

A. Only one— that is all I saw — and Booth 
brought that there. 

Q. Do I understand you to say that there 
was only one horse in the stable that after- 
noon ? 

A. That was all I saw when I was there, 
between five and six. 

Q. You were not in the stable afterwards ? 

A. No. 

By Mr. Ewing: 

Q. Do you know on what side of the thea- 
tre Spangler worked ? 

A. Always on the left side. 

Q. Is that the side the President's box was 
on? 

A, Yes, sir. 

Q. Was that the side you attended the 
door on ? 

A. Yes, sir. 

Q. When you were awaj', did he not at- 
tend the door for you ? 

A. Yes, sir, when I was away, he used to 
attend the door. 

Q. His position, then, was near to where 
your position was ? 

A. Yes, sir. 

Q. What door was that; the door that 
went into the little alley? 

A. Yes, sir, from Tenth street. 

Q. Y'ou attended there to see that nobody 
came in that was not authorized to come ? 

A. Yes, sir; when the curtain was down, 
I used to go outside and stay until the cur- 
tain was up. 

Q. When the play was going on, who wag 
there on that side to shove the scenes except 
Spangler? Anybody? 

A. There was another man there on that 
side ; two men worked on this side, and three 
on the other. 

Q. Who was the man that worked with 
Spangler on that side? 

A. I think his name is Simmons. 

Q. Who are the men that worked on the 
other side? 

A. One of them is Skeggy, another is 
Jake, and I do not know the other fellow's 
name. 



16 



Q. While the play was going on, did these 
men always stay there? 

A. Yes, sir, they are always about there. 

Q. They had to stay there in order to 
shove the scenes, had they not ? 

A. Yes, they alwa_ys have to be there when 
the whistle blows, and shove them. 

Q. Did they usually stay there on their 
sides ? 

A. Yes, sir ; but sometimes, when a scene 
would stand a whole act, they would go 
around on the other side, and those on the 
other side would come on their side. 

Q. But did not go out? 

A. Sometimes they used to go out — ^not 
very often, though. 

By the Judge Advocate: 

Q. Was there another horse in that stable 
some days before, or not? 

A. Yes, there was one other horse there — 
two horses there one day. 

Q How long before ? 

A. Booth brought a horse and buggy 
there. I cannot tell you when it was. 

Q. Do you remember the color or appear- 
ance of the horse ? 

A. It was a little horse; I do not remem- 
ber the color. 

Q. Do you remember whether he was blind 
of one eye ? 

A. No, sir. The fellow that brought the 
horse there used to go with Bootli very often. 

Q. Do you see among the prisoners here 
the man who brought the horse? 

A. No, sir ; 1 do not se3 him there, [point- 
ing to the dock of the prisoners,] It was the 
fellow who lived at the Navy Yard, I think. 
I saw him going in a house down there one 
day, when I was carrying bills there. I do 
not know whether he lived there or not. 

Q. Do you remember his name? 

A. No, sir; I never heard his name. 

By the Court : 

Q. Did you see Booth at the instant he left 
the back door of the theatre after the assassi- 
nation of the President? 

A. He rode off. 

Q Did you see him when he came out of 
the door ? 

A. Yes, sir. 

Q. What door did he come out of, the 
small one or the large one ? 

A. The small one. 

Q. Was there anybody else at that door? 

A. No, sir, I did not see anybody else. 

Q. Did Spangler pass through that door 
leading into the passage at any time while 
you were silting at the door — the passage to- 
ward the street? 

A. I did not take notice. 

Q. You did not see him go out or come in 
while you were there ? 

A. No, sir. 

Q. You said that you were in the Presi- 
dent's box on the day of the murder? 

A. Yes, sir. 



Q. What time in the day was that ? 

A. About three o'clock. 

Q. Did all the employees in the theatre 
know that the President was to be there that 
night? 

A. I heard Harry Ford say so. 

Q. Anybody else? Did you hear Spangler 
speak of it ? 

A. No ; I told him the President was com- 
ing there. 

Q. What time did you say you were there ? 

A. It was about three o'clock when we 
went up to take out the partition. 

Q. Who were in the box at the time the 
partition was taken out ? 

A. Spangler, Jake, and myself. 

Q. Who is Jake ? 

A. All I know is that his name is Jake. 

Q. A black man or a white man ? 

A. A white man. 

Q. Employed there? 

A. Yes, he used to be a stage-carpenter 
there. 

Q Was he regularly employed in that the- 
atre at that time ? 

A. He worked there day and night. 

Q. Had he been working there for some 
time? 

A. He had been working there about three 
weeks. 

Q. When they were there, how long did 
they stay in the box? 

A. I stayed there until they took the par- 
tition out, and sat down in the box. 

Q. Did you observe what else they did in 
the box? 

A. No, sir. Spangler said it would be a 
nice place to sleep in after the partition was 
down. That is all I recollect. 

Mrs. Mary Ann Turner, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. State to the Court where you reside in 
this city. 

A. I reside in the rear of Ford's Theatre. 

Q. How far from it? 

A. As far as from here to where that gentle- 
man sits over there, or may be a little farther, 
[pointing to one of the counsel for the accused, 
a distance of about eight feet.] 

Q. Did you know John Wilkes Booth ? 

A. I knew him when I saw him. 

Q. Will you state what you saw of him on 
the afternoon of the 14th of April last? 

A. That afternoon I saw him, I think, to 
the best of my recollection, between three and 
four o'clock, standing in the back door of 
Ford's Theatre with a lady by his side. I 
did not take any particular notice of him at 
that time, but I turned from the door, and I 
saw no more of him until, to the best of my 
recollection, between seven and eight or near 
about eight o'clock that night, when he 
brought a horse up to the back door, and 



17 



opened the floor and called for a man by the 
n-tme of ' Ned" three times — to the best of 
mv reccollection, not more than three times. 
This "Ned" came to him, and I heard him say 
to "Ned" in a low voice, "tell Maddox to 
come here." I then saw Maddox come. He 
[Booth] said something in a very low voice 
to this Maddox, and I saw Maddox reach out 
his hand and take the horse, but where "Ned" 
went I cannot tell. This Booth went on into 
the theatre. 

Q. Did you see him or hear him when he 
came out after the assassination of the Presi- 
dent? 

A. I only heard the horse going very 
rapidly out of the alley, and I ran immediate- 
ly to my door and opened it, but he was gone ; 
I did not see him at all. 

Q. Did you see the man named "Ned," of 
whom you speak? 

A. Yes, sir. 

Q. At what time did you see him ? 

A. I rushed to the door immediately, the 
crowd came out, and this time this man 
"Ned" came but of the theatre. 

Q. Which of those men in the dock is it? 

A. There he sits with dark shirt and dark 
coat on, [pointing to the accused, Edward 
Spangler.] 

Q. Spangler, you mean? 

A. Yes, sir, Ned Spangler ; and said I to 
him, "Mr. Ned, you know that man Booth 
called you?" Said he, "No, I know nothing 
about it," and then he went down the alley. 

Q. Was that all that occurred between you 
and him? 

A. That was all that was said between me 
and him. 

Cross-examined by Mr. Ewing : 

Q. How far is your house from the back 
door of the theatre? 

A. My front door fronts to the back of the 
theatre. It comes out into the open alley, 
which leads up to the door. There is another 
house between mine and the theatre. The 
two houses are adjoining, and my house 
stands as far from the door of the theatre as 
from here to the post. [About twenty-two 
feet.] I think it would allow that space for 
the two houses. 

Q. Did you see where Spangler went after 
he called Maddox? 

A. No, sir, I did not see where Spangler 
went after he called Maddox. 

Q. Did he go off? 

A. I do not remember whether he went off 
or not. I did not see him any more. 

Q. Did you see him go in to call Maddox ? 

A. Yes, sir ; he turned from the door to 
call Maddox. 

Q. Did you hear him call him ? 

A. No, sir, I did not hear him call Maddox. 

Q. Did you see Spangler come out again ? 

A. I do not remember whether he came 
out or not ; I do not think I did see him 
come out. 



Mrs. Mart Jane Anderson, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. Will you state where you live in this 
city? 

A. I live between E and F and Ninth and 
Tenth streets. 

Q. Do you live near Ford's Theatre ? 

A. Yes, sir, right back of the theatre. 

Q Does your house adjoin that of Mrs. 
Turner, who has just testified ? 

A. Yes, sir, my house and hers are adjoin- 
ing. 

Q. Did you know John Wilkes Booth ? 

A. Yes, sir, I knew him by sight. 

Q. Did you see him on the afternoon or 
night of the 14th of April last ? 

A. Yes, sir, I saw him in the morning. 

Q. State what you saw? 

A. I saw him down there by the stable, 
and he went out of the alley, and- I did not 
see him again until between two and three 
o'clock in the afternoon, when I saw him 
standing in the back theatre door, in the alley 
that leads out back. He and a lady were 
standing together talking. I stood in my 
gate, and 1 looked right wishful at him. He 
and this lady were pointing up and down the 
alley, as if they were talking in their conver- 
sation about the alley, as it seemed to me ; 
and they stood there a considerable while. 
After that, they both turned into the theatre 
together. I never saw him any more until at 
night. I went up stairs pretty early, and 
when I went up stairs, there was a carriage 
drove up the alley, and after that 1 heard a 
horse siep down the alley again. I looked 
out of the window, and it seemed as if the 
gentleman was leading this horse down the 
alley. He did not get any further than the 
end of the alley, and in a few minutes he re- 
turned back again. I still looked out to see 
who it WHS. He came up to the theatre door, 
this gentleman did, with the horse by the 
bridle. He pushed the door open, and said 
something in a low tone, and then in a loud 
voiee he called, "Ned," four times. There 
was a colored man up at the window, and he 
said, " Mr. Ned, Mr. Booth calls you." That 
is the way I came to know it was Mr. Booth. 
It was dark, and I could not see his face. 
When Mr. Ned came. Booth said to him, in a 
low tone, "Tell Maddox to come here." 
Then Mr. Ned went back and Maddox came 
out. They said something to each other, but 
I could not understand from my window 
what the words were. After that Mr. Mad- 
dox took hold of this horse. It seems it waa 
between him and Mr. Ned. He had this 
horse. He carried it from before my door, 
right at the corner of my house, around to 
where the work-bench was ; that stood at the 
right side of the house. I could not see the 
horse, but they both returned back into the 



18 



theatre again. This man that carried the 
horse up went in the door. too. The horse 
stood out there a considerable while. It kept 
up a great deal of stamping on the stones, 
and I said, "I wonder what is the matter 
with that horse;" it kept stamping so. After 
a while I saw this person have a hold of the 
horse, and he kept the horse walking back- 
wards and forwards. I suppose the horse 
was there completely an hour and a half alto- ' 
gether ; then I saw the door open ; I did not 
see any person passing backwards and for- 
wards, and in about ten minutes after that I 
saw this man [Booth] come out of the door 
•with something in his hand glittering. I did 
not know what it was; but still I thought 
some person ran out of the theatre and 
jumped on the horse. He had come out of 
the theatre door so quick, that it seemed like 
as if he but touched that horse, and it was 
gone like a flash of lightning. I thought to 
myself " that horse mast surely have run oflF 
with that eentleman." Presently I saw a 
rush out of that door, and heard the people 
saying, '-Which way did he go?" and 
""which way did he go?" and still 1 did not 
know what was the matter. I asked a gen- 
tleman what was the matter, and he said the 
President was shot. "Why,'" said I, '• who 
shot him?'' Said he, " That man who went 
out on the horse ; did you see him?" I said 
I saw him when he first came out. That was 
the last time I saw him to know him. 

Q. Did you see the prisoner Spangler at 
that time? 

A. Yes, sir. I saw Mr. Spangler after 
that. After that I came down stairs, and was 
at the door talking. I went up to the thea- 
tre door, and 1 saw Mr. Spangler when be 
came out of the door. Some one said, "Did 
you see that man?" I said to Mr. Spangler, 
"Mr. Spangler, that gentleman called you." 
Said he, " No, he did not." Said I. " Yes, 
he did ; he called you." He said, "No, he 
did not ; he did not call me." I said, "He 
did call you," and T kept on saying so. With 
that, he walked down toward the alley, and 
1 did not see him any more until Sunday ; 
but I did not say anything to him at all then. 
I had no other conversation with him. 
Cross-examined by Mr. Ewisg : 
Q. Did you know Mr. Maddox ? 
A. Yes, sir. 

Q. What kind of a looking man is he? 
A. He has a kind of a reddish skin, and 
sometimes a kind of palish and light hair. 
Q. How old a man is he? 
A. I suppose he is about 25 or 2C. 
Q. Have you seen him often? 
A. Yes, sir ; I have seen him very often. 
I live close by there. I used to work for him 
right smart. I used to wash some pieces for 
him, and used to go there to the door and 
bring them. I know him very well by sight. 
Q. Was it he who held this horse during 
all the time it was in the alley there? 



A. No, sir; it did not seem like as if be 
held it all the time ; bnt he took hold of the 
horse, and it seemed as if he had him a little 
while, and he moved him out of my sight; 
and then I saw him retnrn and go into the 
theatre. This gentleman had on a light coat. 
Q. Then who held the horse when be went 
in the theatre? 

A. I did not see because it was carried 
around from ray door, and I could not see it 
out of my window. It was carried around 
the house like, out of sight ; but then when 
it was in a commotion, it seemed as if there 
was a man bad it, but I could not tell who 
he was. 

Q. When the horse was moving up and 
down, it seemed as if a man had it? 

A. Yes; as if a man was keeping it in 
motion all the time. 

Q. .Marching it up and down to keep it 
■from frettiut; and stamping? 

A. Yes, sir ; it was making a great deal of 
noise, stamping its feet; and it seemed as if 
a man was carrying it backward and for- 
ward all the time. 

Q. Mr. Spangler just came to the door, and 
Booth said to him, "Tell Mr. Maddox to 
come out?" 
A. Yes, sir. 

Q. And then Spangler went in, did he? 
A. Yes, sir, he went in ; and then it seemed 
as if he came out again. 

Q. Are you sure he came out again? 
A. It seems to me like as if he came out 
again. Whether he came out or not I am 
not certain ; but I know he came to the door 
when Mr. Booth cal.ed. 

Q. But you are not certain that he came 
out again ? 

A. No, sir; I am not certain whether he 
came out again or no ; but I know he came 
out to the door when Booth called him, aud 
he told him to tell Maddox to come out, 
and Maddox came out to this Mr. Booth, and 
bad some conversation with him ; but 1 could 
not hear what it was. 

Q. How long was it from the time that 
Booth rode up there until the people said he 
had shot the President? 

A. I suppose it was about an hour — not 

quite an hour— from the time he came up 

there to the time they said the President was 

1 shot. 1 think it was almost an hour; but I 

do not think it was quite an hour. 

Q. Did you see the man who held the horse 
at the time Booth ran out and rode away on 
him? 

A. Yes, sir, I saw the man, but I could 

not tell who the man was. I know a man 

had hold of the horse when Booth came oat, 

, because, when he came out, he was walking 

' the horse up and down, and it seemed as if 

the minute he touched the horse the horse 

j was gone. 1 was looking down the alley to 

see which way he went, and when I looked 

I back again I did not see anybody. 



19 



Q. Did that man look like Mr. iladdox? 
A. He looked very much like Mr. Maddox 
to me. I know Mr. Maddox. He wears a 
light coat, aud this maa seemed as if he had 
a light coat on. It was pretty dark there 
that ni^rht; I could not see distinctly from 
my window, but the coat he had on seemed 
as if it was light. 

Q. How far was he from you when you say 
you thought it was Mr. Maddox? 
A. He was right near the door. 
Q. How far from where you were? 
A. About as far as from here to that win- 
dow, or a little further, fabout fifteen 
feet.] 

Q. Whereabouts was the horse just at the 
time when Booth ran out the door? 
A. Standing right at the door. 
Q. And this man with the light coat on 
was standing right by him ? 

A. I cannot say whether he was standing 
by him, because I was looking at the man 
wlien he rushed out the door so, and every- 
thing was in such a twinkling of an eye that 
I could not say distinctly it was the man with 
the light coat on; but I know there was a 
man holding the horse all the time as far as 
I could see. 

Q. It was not Mr. Spangler that was hold- 
ing him? 

A. I do not know. It seems io me it was 
between all three of them. Ihej all three 
seemed to be out there with the horse, &ppa- 
rently. I knew Mr. Ned came out to the 
door, and then Mr. Maddox came out, and 
then it seemed as if iMr. Ned came out again. 
Q. But you are not certain that be did 
oome out again? 

A. No, sir, I am not very certain of that 
but I know there were three men in it alto- 
gether. 

Q. That is, three men connected with it in 
some way ? 

A. Yes, sir; three men connected with it 
in some way. 

Q. But you cannot say that you saw Mr. 
Spangler, except when he came out of the 
door and Booth told him to call Maddox, 

A. No, sir; I cannot say for certain; but 
I know one of the men Had on a light coat. 
Q. That was the one that was holding the 
horse ? 
A. Yes, sir. 



Major Henry R. Rathbone, 

a witness called for the prosecution, beino- 
duly sworn, testified'as follows : 

By the Judgk Advocate : 

Q. Will you state to the Court whether or 
not you were in the box of the President on 
the night of his assassination at Ford's The- 
atre? 

A. I was. 

Q. State all the circumstances that came 
under your observation in connection with 
that crime. 



A. On the evening of the 14th of April 
last, at about twenty minutes past eight 
o'clock, I, in company with Miss Plarris, Teft 
my residence at the corner of Fifteenth and 
II streets, and joined the President and Mrs. 
Lincoln, and went with them, in their car- 
riage, to Ford's Theatre in Tenth street. On 
reaching the theatre, when the presence of 
the President became known, the actors stop- 
ped playing, the band struck up "Hail to 
the Chief, " the audience rose and re.eived 
him with vociferous cheering. The party 
proceeded along in the rear of the dress-circle, 
and entered the box that had been set apart 
for their reception. On entering the box, 
there was a large arm chair that was placed 
nearest the audience, furthest from the stage, 
which the President took and occupied durilig 
the whole of the evening, with one exception, 
when he got up and put on his coat, and 
returned and sat down ag-%in. When the 
second scene of the third act was being per- 
formed, and while [ was intently observing 
the proceedings upon the stajre, with my back 
towards the door, 1 heard the discharge of a 
pistol behind me, and, lookin? around, saw, 
through the smoke, a man between the door 
and the President. At the same time, I heard 
him shout some word which I thought was 
"Freedom!" I instantly sprang towards 
him and seized him. He wrested himself 
from my grasp, aud made a violent thrust at 
my breast with a large knife. I parried the 
blow by striking it up, and received a wound 
several inches deep in my left arm, between 
the elbow and the shoulder. The orifice of 
the wound was about an inch and a half in 
length, and extended upwards towards the 
shoulder several inches. The man rushed to 
the front of the box, and I endeavored to 
seize him. again, but only caught his clothes 
as he was leaping over the railing of the box. 
The clothes, as I believe, were torn in the 
attempt to seize him. As he went over upon 
the stage, I cried out with a loud voice, 
"Stop that man." I then turned to the 
President. His position was not changed ; 
his head was slightly bent forward, and his 
eyes were closed. I saw that he was uncon- 
scious, and supposing him mortally wound- 
ed, rushed to the door for the purpose of 
calling medical aid. On reaching the outer 
door of the passage-way I found it barred by 
a heavy piece of plank, one end of which 
was secured in the wall, and the other rest- 
ing against the door. It had been so securely 
fastened that it required considerable force to 
remove it. This wedge or bar was about 
four feet from the floor. Persons up on the out- 
side were beating against the door for the 
purpose of entering. I removed the bar and 
the door was opened. Several persons, who 
represented themselves as surgeons, were al- 
lowed to enter. I saw there Col. Crawford, 
and requested him to prevent other persons 
from entering the box; I then returned 



20 



to the box, and found the surpeons 
examining the President's person. They 
had not yet discovered the wound. As 
Boon as it was discovered, it was determined 
to remove him from tlie theatre. He was 
carried out, and I then proceeded to assist 
Mrs. Lincoln, who was intensely excited, to 
leave the theatre. On reaching the head of 
the stairs I requested Major Potter to aid me 
in assisting Mrs. Lincoln across the street to 
the house where the President was being con- 
vey ed. The wound which I had received had 
been bleeding very profusely, and on reach- 
ing the house, feeling very faint from the loss 
of blood, I seated myself in the hall, and 
soon after fainted awaj', and was laid upon 
the floor. Upon the 'return of consciousness 
I was taken to my residence. In a review of 
the transactions, it is my confident belief 
that the time which elapsed between the dis- 
charge of the pistol and the time when the 
assassin leaped from the box did not exceed 
30 seconds. Neither Mrs. Lincoln nor Miss 
Harris had left their seats. 

Q. You did not know Booth yourself, did 
you? 

A. No, sir. 

Q. Do you think you would recognize him 
from a photograph ? 

A. I should be unable to do so as being the 
man in that box. I myself have seen him on 
the stage some time since. 

By the Court : 

Q. What distance was the assassin from the 
President when you first saw him after hear- 
ing the report? 

A. The distance from the door to where 
the President was sitting, to the best of my 
recollection, was about four or five feet, and 
this man was standing between the door and 
the President. 

By the Jcdge Advocatk : 

Q. Will you look at that knife [exhibiting 
a knife to the witness] and say it it appears 
to you to be such a one as he used? I be- 
lieve the blood is still on the blade. 

A. I think this knife might have made a 
wound similar to the one I received. I could 
not recognize the knife. I merely saw the 
gleam . 

[The knife was offered in evidence without 
objection, and is marked Exhibit No. 28.] 

Q. Did you notice how the blade was held 
in the hand of the assassin when he held it? 

A. The blade was held in a horizontal po- 
sition, 1 should think, and the nature of the 
wound would indicate it. It came with a 
Bweeping blow down from above. 



MAT 19 . 

JoHJf Ghkesawalt, 

a witnea eaUed for the prosecution, being 
duly sworn, testified as follows: 
By the Jcdgb Advocate : 



Q. Will you state whether or not you aro 
the keeper of the Pennsylvania House in this 
city? 

A. I am. 

Q. Where is that house situated ? 

A. At Nos. 3.5V and 359 C Street, between 
Four-and-a-half and Sixth streets. 

Q. Are you acquainted with the prisoner 
Atzerodt ? 

A. I am. 

Q. Were you or not acquainted with J. 
Wilkes Booth in his lifetime? 

A. I was never acquainted with him. 

Q. Did you know him by sight ? 

A. I never knew him. A man came to the 
house; from the description I had of him af- 
terwards it was Booth. He has been there to 
see Atzerodt. 

Q. Did you see him ? 

A. I did. 

Q. Look at that photograph and see if you 
recognize it as the photograph of that man? 
[Exhibit No. 1.] 

A. That is the person. 

Q. State whether or not that person. Booth, 
had frequent interviews with the prisoner 
Atzerodt at the Pennsylvania House, 

A. He had. 

Q. What was the character of those inter- 
views? 

A. Atzerodt generally sat in the sitting- 
room, and Booth would come in through the 
hall. Sometimes he would not enter the 
room at all; he would walk in and walk 
back. Atzerodt would get up and follow 
him out. They frequently had imervjews in 
front of my house. Several times that I 
walked on the steps they walked off down 
by the livery stable, towards the National 
Hotel, and stood and held interviews 
there. 

Q. Did you or not at any time bear the 
prisoner Atzerodt speak of expecting to have 
plenty of gold soon ? State what he said on 
that subject. 

A. Once, he and some more — there was a 
number of young men from Port Tobacco 
met him there, and they had been drinking. 
He asked me to take a drink. I took a drink, 
and he said, " Greenawalt, I am pretty near 
broke, but I have always got friends enough 
to give me as much money as will see me 
through; though," said he, "I am going 
away some of these days, but I will return 
with as much gold as will keep me all my 
life-time." 

Q. When was it that he made that declar- 
ation ? 

A. It must have been nine or ten days af- 
ter he first came to my house. 

Q. What month was that? 

A. He came there on the 18th of March 

j last, I believe. I think it must have been 

' abont the 30th or 31st of March or the 1st of 

I April when this happened, aa near as I can 

remember. 



21 



Q. Was be or not in the habit •when in 
the citr. of stopping at roar bouse? 

A. He slopped there before this last time. 
He stopped orer night ; he n^rer stopped anj 
leDgih of time. 

Q. Will yon state how long: before the as- 
sassination he left Tour hoase ? 

A. I think on Wednesday morning. 
Q. Had he anj baggage •with him? 
A. Xo. sir. 

Q. Will you state •vrhea you neit sa"W" him 
again ? 

A. I sa^w him next on Saturday moruing, 
between t-wo and three o'doci, after the as- 
sassirstioD. 

Q- Did he come to your home and ask for 
a room at that hour ? 

A. I had just come in the house myself 
and went to my room. Abowt fixe minutes 
afterwards a serrant came up with a fire dol- 
lar bill and told me, ■• there is a man coiBe 
in with .\tzerodt who wants lodsing-s and 
wants to pay for it." So I went down and 
gave the man his change. I had an nneasi 
ness about the thing myself — thought there 
was something wrong. [ 

Q. Did they take a room together? | 

A. Yes, sir. Atzerodt asked for his old 
room, and I told him it was occupied. I told 
him he would have to go with this gentle- 
man. So I gave the man his change — this 
Thomas — and told the serrant to show him 
to his room, and Atzerodt was going to fol- 
low him. Said I, " Atrerodt you have not 
registered." Said he. •• Do tou want my; 
name?" Said I, "Certainly." He hesitated 
some, but stepped back and registered, and 
went to his room. That was the last I saw 
of him. j 

Q. Will you descril>e the appearance of, 
that man who was with him ? 

A. He was a man about fire feet seven or I 
eight inches high, and his weiiiht was about 
one hundred and forty pounds, I should j 
judee. 

Q. How was he dressed ? 
A. Poorly dressf d, and in dark. His pants i 
were worn throusrh at the back near the 
heels. I took noiice of that as he walked out 
of the door to go to his room. He ■was quite 
dark complexioned and very much weather- 
beaten. He had dark hair. 

Q. Had he the appearance of a laboring 
man? 

A. Yes, sir ; the appearance of a laboring 
man. 

Q. Could you express an opinion as to I 
whether the clothes in which he was dressed 
were such as he would probably ordinsrily 
wear, or were assumed as a disguise ? Have i 
yoii an opinion on that subject ? | 

A. I judged them to be more of a disguise. J 
I think it was a broadcloth coat he had on, j 
verv much worn, though. 

Q. The whole appearance, you say, was 
riiabby? 



A Yes, sir. 

Q. What nam? did he sissnme? 
A. Sam. Thomas. 

Q. What became of that man the next 
morning ? 

A He got up about fire o'clock. I think, 
snd left the house. That was what the ser- 
vant to-d me. There was a lady stopping 
there, and 1 had given the servant orders to 
I get her a carriasre to take ber to the railroad 
depot for the t5.15 train. She had left before 
I pot up, and as the servant was going oi:t of 
the door, this man Thomas went out and 
askfKi the way to the railway depot. 
Q. He had no baggage? 
A. Xo, sir; not any. 
Q. He came between two and three, you 
say, and left at five? 
A. Yes, sir. 

Q. Did Atzerodt remain ? 
A. Aizerodt left shortly aflerwards, and 
he walked towards Sixth street. As the ser- 
vant came back fiom getting th? carriage he 
' met Atrerodt and said to him, '' Atzerodt, 
what brings yoti o^Jt so early this morning?" 
I " Well," said be, "I have got business." 
I These were all the words. 

Q. In what direction was he going? 
A. Towards Sixth street — that is, -west 
from mv house. 
Q. R-id he paid his bill ? 
A. Xo, sir. 

Q. He left without paying? 
A. Yes. sir. 

Q. When did you see him again? 
A. 1 h-i^re not seen him since. 
Q. Do you recognize him among these 
prisoners? 

A. Yes, sir ; there he sits. [Pointing to 
George A. Atzerodt,] 

Q. Is this the first time you have seen him 
since? 
A. It is. 

Q. What was the manner of these men that 
night? Did you observe anything unusual, 
any excitement about them ? 

A. Xo, sir. There was DO excitement about 
them. This man Thomas stared at me. He 
kept a close eye on me as I came in. 

Q. Did they have any conversation with 
each other in your presence? 
A. Xo, sir. 

Q. Which of them asked for the room? 
A. Thomas asked lor it. 
Q. Did he ask for both ? How did thev 
happen to have the san:e room ? 

A. He just asked for himself. Atzerodt 
was lying on the settee in the corner of the 
room as I came in, and Thomas was stand- 
ing at the counter, at the register. 

Q. How did it happen, then, that they 
went to the same room ? 

A. Atzerodt .asked for his old room. I told 
him that was occupied and he wotild have to 
go in with this man. The room that he was 
in was a large room — a room with six beds in. 



22 



There were other parties in it before these 
men went there. 

.Q. Do jou know the prisoner, O'Laugh- 
lin? 

A. No, sir. 

Q. You do not remember to have seen 
him ? 

A. No. 

Q. Did you observe whether either of these 
parties was armed ?' 

A. I have seen Atzerodthave a revolver. 

Q. On the occasion spuken of? 

A. There are others in the party who said 
he had a knife, but I did not see that. 

Q. Did JOU observe whether the other man, 
Thomas, as he called himself, was armed ? 

A. I did not. 

Q. You say be stared at you very much ; 
did he make any remark to you ? 

A. All he said to me was that he was a 
poor writer. 

Q. Did he enter his name himself? 

A, I did not see that, but I judge that his 
name was entered when I came into the room. 

Q. You say Atzerodt was in the habit of 
stopping at your hotel ? Had he, on any 
previous occasion, hesitated to register his 
name when taking rooms there ? 

A. No, sir. 

Q. You say that he did hesitate on this oc- 
casion? 

A. On this occasion he hesitated some- 
what. 

Q. You speak of having seen Atzerodt 
armed. When was that? 

A. That must have been in Ifarch, when 
I first saw his revolver. He had just bought 
it, and he came in and made the remark that 
he had just bought it , and I told him I 
wished I had known that he wanted one, for 
I could have sold him one that I had — a new 
one, which I had traded a small one for, and 
I had no use for it. 

Q. Did he exhibit the revolver to you? 

A. It was put in my care — handed in to 
the office. 

Q. Do you think you would recognize it 
if you saw it again? 

A. I think I would. 

Q. [Exhibiting the revolver identified by 
John Lee as found in a room at the Kirkwood- 
House.] Is that it? 

A. I would not be certain. T do not think 
it is the same one, but it is something simi- 
lar. 

Cross-examined by Mr. Doster : 

Q. Will you be kind enough to state on 
what day before the 14th of April Atzerodt 
left your house? 

A. It must have been on Wednesday, the 
12th. 

Q. How long had he stayed at your house 
at that time ? 

A. He stayed from the 18th of March until, 
I think, the 2Vth. If I had my register I 
could tell. 



Q. I only want to know about the last vis- 
it before the 14ih of April. How long was 
he at your house then ? 

A. He was away for several days — from 
Wednesday until Saturday morning, between 
2 and 3 o'clock. 

Q. You say he left on Wednesday, the 
12th. How long had he been there before 
he left on that Wednesday; do you remember ? 

A. He had been there from the ISth of 
March. He had been away but once, and 
then he told me that he was going to the 
country, and he stayed over night and re- 
turned the next day, with a man named Bai- 
lej-, when he came to the house. 

Q. You say that you know of Atzerodt 
having had interviews with Booth ? Can 
you tell about how many they had ? 

A. I cannot tell exactly, but quite a num- 
ber. 

Q. Were you present at any of them ? 

A. No, sir. 

Q. Where were these interviews ? 

A. In front of my house. 

Q. On the street"? 

A. Sometimes on the pavement, sometimes 
below my house, down towards the National, 
I have seen them stand. 

Q. Were their interviews held in secretin 
any room ? 

A. No, sir; I never saw Booth in any 
room. 

Q. You mentioned before that Atzerodt 
had, previous to this last visit, had arms in 
his possession? 

A. I saw them once ; that was when he 
handed them into the office there. 

Q. And you kept them for him ? 

A. Yes, until be called for them. 

Q. Could you or could you not recognize 
them again? 

A. 1 could not swear to them. 

Q. What were the arms? 

A. A large revolver, something similar to 
the one shown me. 

Q. What else? 

A. Nothing else that I saw. 

Q. Did he have a knife? 

A. Other persons there say they have seen 
him with a knife, but 1 never saw it. 

Q. You have mentioned that Atzerodt 
boasted that on some day he would have 
enough gold and silver to keep him all his 
life. What led to that remark? Do you re- 
member the conversation that preceded it? 

A. I came into the room ; he was drinking 
at the lime ; he asked me to take a drink ; I 
took a drink ; he paid the bill, and then he 
said, "Greenawalt, I am pretty near broke, 
but I have always got friends enough to give 
me as much money as will see me through.^' 

Q. Did you not have gold and silver in 
your hand, and shake it in his face? 

A. No, sir. 

Q. Did any one of the company have gold 
and silver there? 



23 



A. Not that I remember, and not that I ' 
saw. I have had half a dollar in ray pocket, 
and I might have had that out, but I do not 
remember having it out. 

Q. Do you not remember saying that you 
had bought some gold that morning? 

A. No, sir. 

Q. Had you also been drinking? 

A I had taken a drink; I was not in 
liquor. 

Q. Do I understand you to say that you 
do not remember saying that you had bought 
gold and silver that morning? 

A. 1 do not remember that I did. When 
Mr. Bailey left my house, he wanted to pay 
his stage fare, and I bought some eight or 
nine §2| gold pieces, and I do not remember 
the exact amount of silver, but some $7, I 
think. 

Q. What brought the conversation to gold 
and silver? 

A. I do not know that I ever had any con- 
versation about gold and silver. There was 
only the remark of Atzerodt ; there was no 
other conversation about it. 

Q. Had you not before been talking about 
money in some shape? 

A. No, sir ; I had not been talking with 
him at all until I entered the room. He asked 
me to drink. 

Q. Had any one else, to your knowledge, 
been talking with him about money? 

A. No, sir. 

Q, You mentioned a man by the name of 
Thomas as having come to your house on the 
morning of this Saturday, between two and 
three o'clock, in comp.iny with Atzerodt. 
Did they seem to be intimate? 

A. No, sir. 

Q. Did you take them to be previously ac- 
quainted? 

A. I could not tell in regard to that. They 
came to my house. 

Q. You can tell what you took them to 
be. Did you take them to be acquaintances 
or strangers ? 

A. I thought they were in company by the 
way they came there. 

Q. Did the}' look as though they bad 
known one another previously, or bad met 
one another on the street, and just happened 
to come to your house together ? 

A. I judged that they were acquainted. 

Q. You say this man exhibited signs of 
■disguise ? What were they ? 

A. He had on broadcloth clothing. It 
did not look like working clothing, and it 
was well worn — not laboring man's cloth- 
ing. 

Q. His clothing was well worn and broad- 
cloth, and that made you think he was in 
disguise? 

A . Yes, sir. 

Q. You have also mentioned that Atzerodt 
hesitated to register his name? In what 
shape did he hesitate? 



A. "Well," said he, "do you wish my 
name?" I said, "Certiinly." He stood 
back, and then he walked forward and 
stopped, and then followed it up and put 
down his name. 

Q. Is it an unusual thing for men to hesi- 
tate, when they come there at two or three 
o'clock in the morning, to register their 
naioes? 

A. I have not been receiving any guests 
at that hour. I never had any one to hesi- 
tate about registering. 

Q. Did he say he would not like to do it? 

A. No, sir. 

Q. Did he seem sleepy ? 

A. No, he did not, to my knowledge. 

Q. Did he seem in liquor? 

A. No, he was not in liquor. 

Q. Did he seem wideawake? 

A. He did. 

Q. Do you recognize among the prisoners 
at the bar the stranger by the name of Thom- 
as? 

A. There [pointing to Edward Spangler] 
is a man who resembles him somewhat. It 
appears to me he is not as dark. He has not 
got the beard on he had then. His hair was 
longer, and, I think, darker. I could not be 
positive as to that man. 

Q. His hair was longer and darker? 

A. Yes, sir; and cut down half over his 
ears. I think he was heavier. 

Q. Still you would not swear this was the 
man? 

A. No, sir. 

Q. That man stayed with you until five 
o'clock in the morning? 

A. He left about that time, as I understand. 

Q. Did you have a conversation with Atze- 
rodt about where he was going in the morn- 
ing? 

A. No, sir ; I did not have any conversa- 
tion with him that morning, no more than I 
asked him whether he had got back. That 
was all the conversation that I passed with 
with him, except thiit I asked him to register. 

Q. After he registered, and while he was 
registering, he remarked that he was a poor 
writer? 

A. No, sir; Thomas made that remark. 

Q. [E-thibiting to the witness the coat iden- 
tified oy John Lee as having been found in the 
room at the Kirkwood House.] Look at the 
coat. Do you remember ever having seen 
that in the possession of Atzerodt? 

A. I never did. 

Cross-examined by Mr. EwrxG : 

Q. Describe the color of the moustache that 
the man had on who you say resembled 
Spangler. 

A. Dark, black. 

Q. Heavy moustache? 

A. Yes, sir. 

Q. Had no other whisker? 

A. Yes, sir ; I think his beard was cut dowa 
at the sides. 



24 



Q. Was the beard on the side of the face 
close? 

A. His beard came front, and was cut down 
from the moustache up, but it was either that 
way or whisliers all around. I knew he had 
whiskers in front. 

Q. What sort of a hat did he wear? 

A. A dark slouch bat. 

Q. Worn? 

A. Yes. sir. 

By the JuDCrE Advocate : 

Q. Do 1 understand you to say that you 
are certain you have not seen the prisoner 
O'Laughlin at your house? 

A. I am. I do not know the man. 

By Mr. Doster: 

Q. Did I understand you to say that Thom- 
as came in company with Atzerodt? 

A. I did not see them come in. When I 
first saw them Atzerodt was lying on the set- 
tee and Thomas standing at the counter at 
the register. 

Q. What made you think they belonged 
together? 

A. The servant told me they came in to- 
gether. 

Q. That is the only ground of your believ- 
ing they were intimate? 

A. That is all I bad. 

Q. Will you state, if you please, the direct 
color of the hair and beard of Thomas ? 

A. As near as I can tell, his hair was black, 
black eye-brows, and black whiskers. He 
bad a moustache cut off from sides rather 
close, and beard in front. 

Q. Did either the hair or moustache appear 
to be dyed ? 

A. Xo, sir. 

Q. What was the color ? 

A. Black. 

Q. Did not Atzerodt refuse or object to 
this stranger going into his room? , 

A. Xo, sir. 

Q. Did he ask that he should come in ? 

A. Xo, sir. I 

Q. He simply acceded to it when you told ' 
him that there was no other room ? i 

A. Yes, sir. I told him he would have to ' 
room with that man. 

Q. You forced them together, in short ? 

A. I told him he would have to. That was 
my work. I would not force him ; he could I 
have taken th^t or lelt the house ; that was 
the best'I could do for him. I 

By the Col-rt : ' 

Q. Do you know whether they got up at . 
the same time in the morning ? 

A. I do not. 

Q. Did they occupy the same bed ? 

A. Xo. 

Q. You said that the last time Atzerodt 
left your house before the assassination was 
on Wednesday? 

A. I think so. He told me, going away, 
" Greenawalt, I owe you a couple of days" 
board ; will it make any difference to you 



whether I pay for it now or when I come 
back? I said, "No.'' Then he remarked, 
"It will be more convenient for me to pay 
when I come back." He said he was going 
to Montgomery county. 

Q. Do you know the man that they call 
O'Lautrhiin here ? 

A. Xo, sir. 

Q. Do you know the man with the black 
moustache, there in the centre of th" pris- 
oners' dock, [referring to O'Laughlin.] 

A. I do not know him. 

Q. You say the man Thom is stared at you 
at one time? 

A. Yes, sir ; when I entered the room he 
did. 

Q. Was that in the light? 

A. Rather a dim light — about half the jet 
of gas burning — one burner. 

Q. Did you have a distinct view of his face 
then ? 

A. I had a fair view of him. 

Q. Do you recognize that face among the 
prisoners at the bar? 

A. I do not — not that I could swear to. 

Q. Did you see the color of his eyes, his 
hair, his complexion? 

A. He had dark eyes, dark complexion. 

Q. What was his beard ? 

A. Black. 

A. B. Olin, 

a witness called for the prosecution, being 
duly sworn, testified as follows: 

By the Judge Advocate : 

Q. Judge, will you state to the Court 
whether or not, on the morning of the 15th 
of April, yoa visited Ford's Theatre and in- 
spected the President's box, as it is called 
there. 

A. Sunday following the IGth I first vis- 
ited the theatre. The assassination was on 
the evening of the 14th, and on the loth I 
was engaged in taking depositions. 

Q. Will you state the examination which 
you made, and the condition in which you 
found the box, and doors, and locks? 

A. My attention was called to the incision 
into the wall that was prepared to receive 
the brace that fitted into the corner of the 
panel of the door ; the brace was not there. 

Q. That is the outer door you speak of? 

A. The door enterinjr the alley way into 
the box which crossed the alley at an angle 
with the wall, and a brace fitted against the 
wall to the corner of the door fastens the 
door very securely. I discovered that, and 
looked for the remains of the plastering that 
bad been cut from the wall to make this in- 
cision. That was all, so far as I could ob- 
serve, carefully removed from a little carpet, 
where it must have fallen, as it was cut by- 
some sharp instrument. That plastering was 
all carefully removed. 

It was said to me that the pistol was dis- 
charged through the panel of the door. The 



25 



passa3e-way ia somewhat dark, and I pro- 
cured a lieht and examined very carefully the 
hole bored through the door. I discovered 
at once that the hole was made by some small 
instrument in the first place, and was. as I 
supposed, cut out then by a sharp instrument 
like a penknife ; and you can see, by placing 
a light near the door — if I am not very much 
mistaken, I thought I saw — marks of a sharp 
cutting knife, cleaning out every obstacle to 
looking through that hole in the door. I then 
discovered, also, that the clasp that fastens 
thebolt of the first door — this would be a dou- 
ble box on some occasions, there is a movable 
partition fitted to it — on the clasp that re- 
ceives the lock of that door, the upper screw 
holding the clasp had been loosened in such 
a way that when the door was locked, by 
putting my forefinger against the door and 
pushing it, I could push the door open. 

I seated myself as near as I could ascertain 
the position of the chair in which the Presi- 
dent sat that evening ; for I procured, to ac- 
company me. Miss Harris, who I understood 
was in the box on that occasion, and she lo- 
cated the chair as nearly as she recollected it 
to have been placed on the evening; and in 
seating myself in the chair, closing that door, 
and letting a person place his eye very near 
that hole, close to the door, the ranare would 
be about from one to the other, striking my 
head about midway from the base to the 
crown. 

I directed my attention principally at that 
early stage of the investigation to ascertain- 
ing more particularly the precise period of 
the occurrence, as there was some uncertain- 
ty at that time whether the attack upon Mr. 
Seward's family and the assassination of the 
President was the result of the act of some 
one person or more persons, and I directed 
my attention in the first place more particu- 
larly to ascertaining the precipe period of 
time as nearly as I could when this occurred. 
I continued to make some examinations. 

Q. Did you examine the condition of the 
locks on the doors? 

A. I did. I examined the condition of the 
locks. The lock played readily. 

Q. A hasp or catch? 

A. As I before observed, the catch of one 
door, the first door that would enter into the 
first box as you passed into the box from this 
alley-way, the upper screw holding the hasp 
was loosened in such a way that it could be 1 
pressed upon with the finger when the door ' 
was locked, and the hasp would fall back. I . 
also examined to see if I could discover the ' 
chips that must have been made by boring i 
and cutting out this small hole, hat they had 
apparently been removed. I discovered noth- j 
ing of them. 

Q. Did you see the bar, or had it been 
lost? I 

A. It had been remove! by some one. You ] 
could see the indentation upon the door, in ' 



the panel of the door, where some brace 
might have been made from the wall to the 
door. That indentation there is perceptible, 
and the brace was so fixed in that it would 
be very difficult to remove it from the out- 
side. 1 do not think it could be done with- 
out breaking the door down. The more 
pressure that was made from the dress circle 
of the theatre upon that bar, the firmer 
it would have been held in its place ; but it 
was securely fastened in its place, for it rested 
on that hole in the wall and the panel of the 
door. 

Q. Did it bear the appearance of having 
been recently made ? 

A. Yes, sir. It was a freshly cut hole. The 
wood was as fresh as it would have been the 
instant it was cut, apparently, to the obser- 
vation. 

Q. Can you describe the chair ? 

A. It is a large, high-backed arm-chair and 
satin cushions. 

Q. A rocking-chair? 

A. I think not a rocking-chair. From 
nearly opposite the plac; where the Presi- 
dent's head miiiht have rested against the 
chair, I think I could discover, although it 
was red, the marks of several drops of blood. 

By Mr. Aiken : 

Q. Are the civil courts of this District ia 
fu'l and free operation ? 

A. They are in operation; at least, they 
were before T adjourned one to-day. 

By Mr. Dcster : 

Q. Will you be kind enough to state 
whether the civil courts are supposed to sit 
by the consent of and in order to carry out 
the will of Gen. Grant? 

A. I really do not know how anybody 
supposes that. He has given me no informa- 
tion on that subject. 

Major Hexey R. Rathboxe, 

recalled. 

By the Judge Advocate : 

Q. After the shot had been fired, did you 
go to the outer door of the President's box, 
and examine how it was closed? 

A. I did, sir; for the purpose of calling 
medical aid. 

Q. In what condition did you find it? 

A. I found the door barred, so that the 
people who were knocking on the outside 
could not gain an entrance. 

Q. Did you make an attempt to remove 
the bar? 

A. I did, sir; and removed it with difS- 
culty. 

Q. Was that after you had received the 
stab from the assassin ? 

A. Yes, sir. 

[Exhibiting a bar to the witness.] Is that 
blood on that wooden bar from your arm? 

A. I am not able to say that ; but my 
wound was bleeding freely at the time. 

Q. In what condition did you find the bar? 



26 



A. The bar was securely fastened in the 
wall, and appeared to be resting against the 
moulding of the door. I think it could not 
have been jostled out by any pushing from 
the outside. 

Q. Did you notice particularly the chair in 
which the President sat? What was its 
character? 

A. Nothing, except that it was a large, 
eas}' chair, covered with damask cloth. 

Q. You do not know whether it had rock- 
ers or not? 

A. My impression was that it had ; lam 
not sure. 

By the Court : 

Q. Is that the bar the door was closed 
with? 

A. I am not able to say. 

Q Was it similar to that? 

A. My impression was, that it was a differ- 
ent piece of wood. 

Isaac Jaquette, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. [Exhibiting a bar to the witness.] — 
Will you please state to the Court v\ hether 
or not you found that bar in Ford's Theatre, 
and under what circumstances, and where? 

A. Yes, sir. Soon after the President was 
carried out, I went to the bo.x with several 
others, and this bar was lying inside of the 
first door going into the box — lying on the 
floor. 1 picked it up. I stayed around there 
some time, and then carried it out. 

Q. Did you take it home with you ? 

A. Yes, sir. 

Q. There has been a piece sawed off, has 
there not? 

A. Yes, sir. There was an officer stop- 
ping at the same boarding-house where I 
was, and he wanted a piece of it. I sawed 
a piece off", but he concluded not to take it 
afterwards. 

Q. These spots upon it are blood? 

A. Yes, sir. 

Q. Were they fresh at the time? 

A. They looked fresh at the time. 

[The bar was offered in evidence without 
objection.] 

Joe Simms, (Colored,) 

recalled for the prosecution : 

By the Judge Advocate : 

Q. Will you state whether or not you have 
been working at Ford's Theatre ? 

A. Yes, sir. I have worked at Mr. Ford's 
Theatre for two years. 

Q. Were you there on the evening of the 
day on the night of which the President was 
assassinated? 

A. Yes, sir. 

Q. Did you see the persons engaged in de- 
corating the President's box that after- 
noon? 



A. Mr. Harry Ford and another gentle- 
man, I do not know his name exactly, were 
up there fixing up the box. Mr. Han-y Ford 
told me to go up to his bed-room and get a 
rocking-chair out and bring it down and put 
it in the President's box. I did so, accord- 
ing to his orders. When I carried the chair 
into the private box and set it down, Mr. 
Harry Ford said, " You can go down, that 
is all I wanf;" and I immediately passed 
down the stairs. 

Q. You carried it into the box yourself, 
did you ? 

A. Yes, sir. He told me to bring it out of 
his sleeping-room and put it into the private 
box. 

Q. Had it ever been there before? 

A. Not this season. 

Q. Was it a rocking-chair? 

A. Y'es, sir. 

Q. How was the back, high or low ? 

A. It was a chair with a high back to it. 

Q. And cushioned? 

A. Yes, sir. 

Q. Did you see the prisoner, Edward Span- 
gler, there on that occasion? 

A. Not at that time. There was no one in 
the box at that time but Mr. Harry Ford and 
the other gentleman that was helping to fix 
it. He had started to go down when he told 
me to go alter the chair. 

Q. Was Spangler on the stage that after- 
noon when you were bringing the chair? 

A. Mr. Spangler was obliged to be there ; 
he was there all the time. 

Q. Was he there that afternoon? 

A. He was there that afternoon. He wag 
obliged to be there. There was no other 
place for him, He worked there altogether, 
the same as I did, and had no calling away 
only when he went to his boarding house. 

Q. I understood you to say that he was 
in there when the chair was put in th'e box? 

A. I did not see Mr. Spangler in the pri- 
vate box. I carried it up, but I did not say 
Mr. Spangler was in there. 

Q. Was he on the stage at the time — do 
you know? 

A. He might have been on the stage or 
somewhere about the building. 

Cross-examined by Mr. Ewing: 

Q. You say Mr. Spangler might have been 
on the stage then? 

A. Yes, sir. 

Q. You did not see him then ? 

A. No, sir; I did not see nim. I did not 
notice particular. When Mr. Harry Ford 
told me to go up in his room and bring down 
the chair, of -jourse I went, not noticing par- 
ticular, which I hardly ever did; I have been 
there so long at work that I hardly ever no- 
tice persons so particular; but this Mr. 
Spangler had no other calling- away in the 
week, only right at the theatre, on the stage, 
except when called up to his boarding 
house. 



27 



Q. You say he bad no "other calling 
away." You mean that was all the business 
he was engaged in ? 

A. Yes, sir; that was his business. 

■Q. You do not know whether he might not 
have had something to call him away from 
the theatre just at that time, do you ? 

A. No, sir; I do not. 

Q. Who was this other gentleman that was 
in the box with Jlr. Harry Ford? 

A. I thitik his name is Mr. Buckingham; 
I may be mistaken. 

Q. Was he employed about the theatre? 

A. He stood at the doors at night to take 
the tickets when the people came in ; he was 
doorkeeper in front of the house. 

Q. You think it was Mr. Buckingham that 
■was there then with Mr. Harry Ford? 

A. I think it was Mr. Buckingham that 
was helping Mr. Harry Ford to fix up the 
private box. 

Q. What hour in the afternoon was it? 

A. It was a little after three o'clock, I 
think ; I did not notice the time particularly ; 
it might have been later and it might have 
been sooner. 

Q. Mr. Ford called you to come up to the 
box, did he? 

A. Yes, sir. I was doing something some- 
where around the building, and he called me 
and told me to go to his room and bring 
down that large rocking-chair out of his 
slee[)ing room and put it in the private box. 
I did so, according to his order. 

Q. Where were you when he called you? 

A. I do not know exactly where I was; 
■whether I was out in the alley, or whether I 
AA^as up on the flies ; but I was somewhere 
about the building, I know, when he called me. 

Q. You were near enough to hear when he 
called? 

A, I had come in from carrying bills; I 
carried the bills out every day so that the 
people could see what was going to be played; 
and I came back that evening and was about 
to take my meal, was going to eat up on the 
flie, when he called me. He called me down, 
and told me to go up to his room and get the 
chair. 

Q. You took your meals up on the flies, 
did you? 

A. Yes, sir ; I used to take my meals there, 
of course. 

Q. At what time did you generally take 
that meal ? 

A. I generally took it whenever I could. 
When 1 came in the morning I would take 
out the bills, and that would keep me some- 
times until three o'clock, and sometimes 
longer ; and whenever I would come back I 
would eat. 

Q. And you were eating when he called 
you? 

A. When he called me to bring the chair, 
I put down my meal, and went and got the 
chair for him, and put it in the private box. 



Q. Did you see Mr. Spangler as you went 
to the box at all ? 

A. No, sir; I did not see Mr. Spangler. I 
did not see him when I went to the box, 
neither did I see him when I came away from 
the private box. 

Q. Describe that chair. 

A. There is not a chair in here like it, but 
it was one of those high-backed rocking- 
chairs, with a high cushion on it — a red 
cushion. 

Q. What kind of material was the cushion 
made of, cloth or satin? 

A. A kind of satin. 

Q. Do you know that the chair never was 
in the private box before this season? 

A. Not this season that I know of. 

Q. When was it in ? 

A. Last season. When they got it last 
season it was in the private box, and lir. 
Harry Ford told me to take it out of the pri- 
vate box and carry it up in his room. That 
was the only one up in his room. 

Q. It was bought last season? 

A. Last season. 

Q. Was there any other furniture for the 
box of the same character? 

A. Yes, sir. 

Q. What other pieces? 

A. There was a sofa and some other chairs. 

Q. Any other big chair? 

A. Not in that box that I know of. I did 
not notice particularly. It was not my busi- 
ness to be looking into this place, and there- 
fore I did not notice particularly. I never 
went in there only when I was sent, for there 
were persons to clean it up and go all about, 
and I just attended to the outside work. 

Q. Was the sofa covered with the same ma- 
terial ? 

A. Yes, sir; it was covered with the same 
material. 

Q. Was that furniture bought for the pri- 
vate box? 

A. I do not know whether it was bought 
for the private box, or whether it was bought 
for the properties, to be used on the stage. 

Q. Was it bought for the theatre? 

A. Yes, sir. 

Q. And it was in the private box last sea- 
son ? 

A. Yes, sir; last season. 

Q. With the rest of the set that it belonged 
to? 

A. With the rest of the furniture that was 
in there. 

Q. The rest of the furniture you spoke of 
was covered with the same sort of cloth ? 

A. Yes, sir. 

By the Judge Advocate : 

Q. Did you take a large chair out of that 
box at the time^you put this one in? 

A. No, sir; I did not take one in and one 
out. 

Q. You do not know what kind of a chair 
was there before? 



28 



A. No, sir , I do not. I just brought that 
chair in and set it down. Mr. Ford said, 
that is all I want with vou :" and I went 
down 'immediately . 

Charles H. Rosen, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 
By the Judge Advocate : 
Q. State whether you know the prisoner 
Edward Spangler? 
A. I do not know him personally. 
Q. Do you know bim when you see him? 
A. No ; I was not there at the arrest. I 
went to his house and secured the rope. 
Q. You were not present at his arrest ? 
A. No, sir. 

Q. Did you go to his house after the ar- 
rest? 

A. Yes, sir. 

Q. What did you find there? 
A. We found a carpet-bag at the house 
where he takes his meals, on the corner of 
Seventh and H streets. The man in charge 
of the house handed us a carpet-bag, in whi-h 
we found a piece of rope, which I measured 
afterwards, and found to contain eighty-one 
feet, and the twist was very carefully taken 
out. There was nothing else in the carpet- 
bag except some blank paper and a dirty 
shirt collar. When we inquired for his trunk, 
we were told that he kept it at the theatre. 

Q. When was that carpet-bag with the rope 
left there? ! 

A. It was left at the house where he gen- 
erallv took his meals. j 

Q.'When? 

A. That I do not know. I 

Q. When did you take it? 

A. I took that rope from the house on the 
evening of Monday, the 17th of April since, 
between nine and ten o'clock, in company 
with two military detectives. 

Q. Who were with you? 

A. Two of the Provost Marshal's detec- 
tives. 

Q. Do you know their names? 

A. I do not. I 

Q. You did not see Spangler himself then ? 

A. I did not. I was to have gone with the 
other officers for the purpose of securing pa- 
pers, but I missed them, and consequently I ' 
was not present when he was arrested. 

Q. Did you find the carpet-bag open? Had 
it been open ? 

A. No, sir; we made out to open it be- 
tween us. It was locked. We found keys 
to unlock it. 

Cross-examined by Mr. EwiXG : 

Q. Where is the house at which yon got 
the earpet-bag ? 

A. It is on the northwest corner of Sev- 
enth and H streets. 

Q. Who gave it to you? 

A. We took it when we found that it be- 
longed to Spangler. 



Q. Who was there? 

A. A man called Jake, who works at the 
theatre in company with Spangler, told me 
that was Spangler's carpet sick, and that 
that was all he had at that house. 

Q. What was the man's name? 

A. He is commonly called Jake; that is 
all I know; he is apparently a German. 

Q. What persons in the house that lived 
or stayed there did yon see ? 

A. A couple of the boarders, I presume they 
were. I did not know any of the other par- 
ties that were in the house. 

Q. What room was it that yon got it out of? 

A. The bed-room up stairs. 

Q. What part of the house ? 

A. As near as I could judge, on the south 
side. 

Q. On the south side of the house ? 

A. Yes ; the room was facing to the south. 

Q. Describe the room. 

A. It was on the north side of the room 
itself where the bag was, right near where Jake 
— the man I referred to — had his trunk. He 
was working, as he said, in the same theatre 
with Spangler. 

Q. Look at that coil of rope, and state 
whether or not it is the same that you found 
in Spangler's carpet-bag. 

A. I am satisfied and believe that is the 
same rope. 

Q. What did you do with the monkey- 
wrench ? 

A. I found no monkey-wrench in that car- 
pet-bag. 

Q. Did you find any anywhere else? 

A. No, sir. 

The witness added : I beg leave of the 
Court to correct my statement as to the local- 
ity of the house, not being fully posted as to 
the latitude. Siuce reflecting on it, I think 
it is the northeast corner of Seventh and H 
streets. 

By Assistant Judge Advocate Bctbxett : 

Q. On what floor is the room? 

A. On the second floor. 

Q. Was the room numbered? 

A. Where we were fciken to, where the 
carpet-bag was found, there was no number 
on the room. 

William Eatos 

recalled by the prosecution. 

By the Jpdge Advocate : 

Q. State to the Court whether or not you 
arrested the prisoner Edward Spangler ? 

A. Idid. " 

Q. At what day, and under what circum- 
stances? 

A. I do not recollect the date. 

Q. State the day as near as you can ? 

A. I cannot state the date. It was the next 
week after the assassination. 

Q. Where did you arrest him ? 

A. In a house on Seventh street, near the 
Patent Office. 



29 



Q. The corner of Seventh and which street 
was it? 

A. I think it is between G and H. 

Q. Was it at the corner of Seventh and II? 

A. It was. 

Q Which corner? Can you state? 

A. The right-hand side of Seventh street. 

Q Is it the northeast corner or not? 

A. It must be tlie southeast corner. 

Q. Do you know whose house it is ? 

A. I do not. 

Q. Did you find any weapons in his pos- 
session ? 

A. No, sir ; I did not search him. My or- 
ders were to arrest him. 

Q. Was that his boarding-house ? 

A. I think it was. 

Q. Who was with him ? 

A. I do not know — the ladies who were in 
the house. 

Q. Are you certain as to the corner on 
which that house stands ? Refiect and see 
whether you are right in your recollection. 

A. I know it is in the corner building ; I 
do not know whether it is on the corner 
door. 

Q. Is it on the nortkeast or southeast cor- 
ner ? 

A. I think it is on the southeast corner. 

No cross-examination. 

James J. Gifford, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. Will you state to the Court whether or 
not you have been connected with Ford's 
Theatre, in this city ? 

A. Yes, sir. 

Q. In what capacity ? 

A. I was the builder of it. 

Q. In what capacity afterwards? 

A. I have taken care of the building, keep- 
ing it in order, and working on the stage. 

Q. You have been the carpenter there? 

A. Yes, sir. 

Q. Were you the carpenter there on the 
14th and 15th of April last? 

A. Yes, sir. 

Q. Did you observe the President's box in 
the theatre on that day ? 

A. No, sir ; I did not look at it that day ; 
I was not in it. 

Q. Do you know who decorated that box 
on that occasion? 

A . 1 saw Mr. Harry Clay Ford in the box 
putting flags out. 

Q. Who else? 

A. At one time I saw Mr. Ray bold, I think, 
with him: I am not certain. 

Q. Anybody else? 

A. No, sir. 

Q. Did you see the prisoner Spangler in 
the box at any time during that day ? 

A. No, sir ; I did not. 

Q. Did you observe a large rocking-chair 



which was in the President's box in the thea- 
tre on the 14th of April? 

A. I observed it afterwards ; I did not take 
notice of it on the 14th. 

Q. When did you see it? 

A. I saw it on Saturdav, the 15tb. 

Q. Where? 

A. In the box. 

Q. Do you know when it was placed in 
the box? 

A. No, sir. 

Q. Nor by whom? 

A. No, sir. 

Q. Do you know whether it had ever been 
there before? 

A. I do not think it hnd been this season. 
I saw it there last senson. 

Q. To whom did it belong, and where had 
it come from? 

A. It belonged to Mr. John T. Ford. It 
was a part of a set of furniture — two sofas 
and two high-backed chairs, one with rock- 
ers and one with castors ; I have sometimes 
seen the one with castors in the box this sea- 
son, but I never saw the rocking-ch.iir in it. 
The last I saw of the chair before this was in 
Mr. James R. Ford's and Henry Clay Ford's 
room. 

Q. In the theatre? 

A. Adjoining the theatre. 

Q. You say it had not been in the box in 
the theatre during the past season? 

A. Not this season that I have seen. I saw 
it last season, not this season. 

Q. When did you see it in Ford's room? 

A. I suppose it must be three or four or 
five weeks before the occurrence. 

Q. When did you see it again ? 

A. Not until Saturday morning, April 
15th. 

B. Did you see it after that anywhere? 

A. No, sir; except on Sunday and Monday, 
when I came away from there. 

Q. Do you know who took it away ? 

A. No, sir. 

Q. Do you know whether the scenes of the 
theatre remain as they were the moment of 
the assassination ? 

A. I set a scene there for a gentleman to 
take a view for the Secretary of War. At 
the time I left the theatre the scene was then 
set as it was the night of the assassination. 
The back flats in the three back grooves had 
been pushed off. I do not know whether 
they were pushed back since. They had 
been pushed off so as to give a view for the 
occupants of the side box. I pushed them 
oif the box to assist in making the pic- 
tures. 

Q. Have you examined the condition of 
the locks on the doors of that box ? 

A. No, sir; I have not. 

Q. Did you examine the wall where there 
is a mortise made ? 

A. Yes, sir. 

Q. When did you examine that first? 


















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^IE£ 




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ase-- 


-'^tt-sK miA^.mi 


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—nut jrnc j. * 


sir 


i:ib: aiiofc (ht -.p ~^ 






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sr J^ 



atf t*> 






31 



A. Xo, sir : I do eot. 

Cro5S-es*a»iBed bj Nr. £ir3« : 

Q. rSabmita ^ to tiie vitaea a. plus of 
the tfif^tre.] Wm joa rraame tbupl&t 
carefsUj, ami sistr Theiher it is or is sot as 
appcoxinntdj correct pltf of the thsKtre? 

A. Tbe lines is ibe oi r h t- Am i are sot <xf- 
rect. TlwT are ^ cvrred liaes; tbese are 
Jiraislit line. 

Q. [Exhibttii^ aaotlKr plan of OKtfae&tre 
: ; the witmess.] Ksunae tibB maf, aad stale 
if TOO thiak it to be correct ? 

A. Tbe ^Bt line of tM? plaa s aot oor- i 
rect. The side line on the sooth side is snot 
correct. 

Q. State ia That it B iaeonect? 

A. ThislimeoB thestafnecsrrcsoBt. It e 
just tbe rcTvise of what the geatfcHiia who 
drew this has ialended fiw^ it. Thea oa tl>e 
sooth side there is a profcclioa of abo«t thiv<e 
feet. Tbe stage is that noch Banover cs 
that side i&am it is oa the other, aad iha: 
moch iiarrowcr than tbe frost of the bouse-. 

Q. Sta% That other defeds, if asj, xom 
see in that map. ^ 

A. The fronts oT the privale boxes are 
strait; IB this they hoTe got a sweep. On 
the coitre oa the east wall there is a -rerr 
laige opcniBg;, soae feorttent feet, "trbicij is 
not narked hoe at all. Those are all liie 
defrrts I see ia it at pmseBt. I do aoi know 
what is the neaniag of th«e liaes oa oi» 
sid^ BBless thej are iotEsded iw packs of 
eceaes. The sccaeare as thej vere vbta I 
kA it. There are three packs here. 

Q. Tber appear to repieseat the soeees as 
tbev tr^re wbea joa last aiw tiicaa? 

A. Yes, sir. 

Q. Slate whether, in other respects, ft-e 
map is sofeetatitiaily coitvdt iByoBropiBJoB? 

A. It ^wws the gioove s and the eBtrutces 
all correctir. The oalj diflereace ia iftat 
respect is that ther have made the Szst es- 
trancea Ktile saadler ia propoctioBto tbe 
others in larii^ thea dova. I do aot kaow 
the scale of th^ diawiag aad thfenftie caa- 
not teU. 

[The oiap was ci^xed io eTtdcaee withoat 
objectioa.] 

Q. How wide is the first entrasce ? 

A. About fbar feH six iacfaes. 

Q. Is that tbe wtraace bj whkh £00^ 
pasiaeii off from the ^*ge briiiad the sccacs? 

A. That is Ae way th^ told one he passed; 
that is the ^traace lie Mast hare soae 
throTicb. 

Q. H.^xr Tride is the patssase-war that he 
p&ssifsi tbr.vdgh foins to the oatardoor? 

A. I joilge it b 6wa aboat two ieet e^t 
inches to three feet ; ia soaw plaoes a Utile 
wider, aad soaw a fittb aairower. It fe aot 
a r^ular strusbt eatraaca. 

Q~ Now teHlthe Ooart as to whether that 
passiipe-waT is ohstracled darii^ tbe pl^i^T^ 
crdinarily t 

A. Never, exc«pt by pao pl i i vhea Atgr 



rr put in 
tart free ; 

coaae mp c : 
O IsiT 



staire r 

A. Yes. sir: 
Q. How is ■; 

kEf)t? 

A. It is aliTi 

aace is orer. 



'mz-ss-j en "? ?^i_ rtir?- 



E 

«^ez 

A 

islt- 






the 



side. 

Q. Wis .hi! J:? . :: 

was o-B? 

A. Yess sir. 

Q. StikS at what nr^es cmrg lie j^rfcOTnt- 
aikce jon -srere oa the snasre tb« iiis-ht ? 

A. I was on tbe staare mmtil ihe cixtaia 
went Bp at each ai«. Whea '^ cmrudm was 
dowa I wceIu go iro"aEd oa to the stag*. 10 
see thit eve!rrthi»g was right, and thea ga 
o-Tit i^ain. 

Q. 'Sxi'.e at what tiiaes drxing thai ef«- 
Eiajr, wheD T-oa came cot the sw^ beiweea 
the acts, voti saw Mr. Siaag-ler ? 

A. I could aot stale t^ tiise. I 3ho>iLl-d 
jod^ the ]&st tiise I saw him was ax ahoxt 
tauf-pist mime o'ciock. 

Q. Stite whether yoia saw him each tame 
JOB came oa the stj>fe. 

A. Ye, sir ; I saw him e:^fi tisae. 

Q. Be was yo«r siBbair£^>aie, I beiCiere ? 

A. Yes, sir. 

Q, State whew to* wvre dicriikg that pJay 
whin joa wei* no-t ca the sta^re, 

A. i was ia ^le frcxiit of the ho9»L. I 
wa^ied liowa to D ai»d I^th sicree«s to lock 
at a hd^ lamp I had pst up dteire, wM)e the 
£rst act was foaitir c<a. I waJkni ap to ihe 
oeit coTTer, Teaiih aid F streets, a»d wok a 
g-lass of ale, and sTiX>d as'd talked a BKnaeiit 
or two, daririir the secomd act. I>aniif the 
third act 1 did not k*Te the hMse at ail. 

Q. Yo« were th«a ia fioat of the theatre 
a pArt of tbe time betweni the secnod and 
third acts? 

i. Yes. sir, 

Q. How miach of the-<ame ? 

A. I wts oa the SM^e Wta oea the aos. 



32 



Q. You were in front of the theatre during 
the performance of the second act? 

A. During the performance of the second 
act 1 was in front, I think, to the best of my 
linowledge. 

Q. All the time? 

A. No, sir ; not all the time. 

Q. How much of the time? 

A. I do not know. I would walk in and 
maybe stay five or ten minutes and then walk 
out again. 

Q. State whether or not you saw the pris- 
oner Spangler at any time during that play 
in front of the theatre? 

A. I did not see him in front of the the- 
atre. I do not think he could have been 
there in front of the theatre without my 
knowing it, because the scenes would have 
gone wrong if he had left the stage any 
length of time. 

Q. Did you ever see Spangler wear a mous- 
tache ? 

A. No, sir ; he has never worn one since 
I have known him. 

Q. Do you know how he was dressed that 
evening? 

A. No, sir ; I do not ; I did not take par- 
ticular notice. 

Q. How was he ordinarily dressed during 
that period ? 

A. Just about the same as he is now, as far 
as I have seen. Lately, during the last four 
or five weeks, he has been wearing the clothes 
he has on now. 

Q. Was not the play of the American 
Cousin a play in which the scenes were 
shifted a good deal? 

A. They were what we call "plain-sail- 
ing," running-on scenes. There is but one 
set scene in the piece. 

Q. There was not much shifting, then? 

A. Hi one act the most of the scenes are 
changed ; but that is in the first groove, and, 
therefore, it only takes two men to change 
them until we get to two, and then it takes 
four men. 

Q. Were the scenes shifted much in the 
play? 

A. I believe there are some five or six 
scenes in each act. I do not know — I cannot 
call to mind now — how many scenes are in 
each act. 

Q. Then Spangler's presence there would 
have been indispensable to the performance? 

A. Yes, sir. If he had not been there his 
scene would not have gone on. 

Q. Who was with him on duty on thatside 
that night? 

A. Ritterspaugh — I think that is the name 
vyas with him at that time. 

Q. Did you hear Booth call Spangler that 
night? 

A. No, sir. 

Q. What was Spangler's connection with 
Booth — what had he to do with him? 

A. Nothing that I know of, further than 



friendly. Everybody about the house was 
friendlv with him. 
Q. With Booth? 

A. Yes, sir ; actors and all ; they were all 
friendly with him. He had such a very win- 
ning way that it made every person like him. 
He was a good-natured and jovial kind of 
man. Tbe people about the house, as far as 
I knew, all liked him. 

Q. Was he not very much in the habit of 
frequenting the theatre? 

A. Sometimes 1 have seen him there for a 
week, and then he would go off, and I would 
not see him for a couple of weeks. Then 
he would come again for a week, perhaps, 
and after that I would not see him for a 
couple of weeks, or ten days, or something 
of that sort. 

Q. Did he not have access to the theatre as 
one of the employees would have ? 
A. Yes, sir. 

Q. And had access by the back entrance? 
A. Yes, sir. 
Q. At any time? 

A. Yes, sir; at any tij^e except when the 
door was locked. 

Q. At any time when an employee of the 
theatre might go in? 

A. When the house was open he had free 
access all through the house. 
Q. Day and night? 

A. Ye.s, sir; except when the house was 
locked up and the watchman was there ; he 
had no access to it then. 

Q. Was not Spangler a sort of a drudge 
for Booth ? 

A. He appeared so ; he used to go down 
and help him to hitch his horse up, and such 
things, I am told ; 1 have seen him once or 
twice hitching the horse up myself. 

Q. Was that hole in the wall cut into the 
brick? 

A. No, sir, I believe not; it was only cut 
into the plaster, I should judge, about an inch 
or an inch and an eighth. 

Q. You say it might have been done with 
a penknife? 

A. Yes, sir; I think it might have been 
done with a penknife. 

Q. [Submitting to the witness the wooden 
bar heretofore offered in evidence, marked Ex- 
hibit No. 44.] Will you examine that stick 
and state whether you saw any sticks like 
that about the theatre about that time ? 

A. No, sir, I did- not ; this is the first time 
I have seen anything of this kind. 

Q. State whether those nails in the end 
would probably have been put in there for 
any purpose connected with the fastening of 
the door ? 

A They might {have been put in there to 
keep it from slipping down — one end against 
the wall, and the other with the bevelled edge 
against the moulding of the door. 

Q. State whether the nails in that end, 
[ a detached piece which had been sawed off 



33 



the wooden bar,] would probably have been 
put in for any purpose connected with that 
object. 

A. I do not know what they could have 
been done for. 

Q. You think they could not, in any way, 
have facMitated that object? 

A. They might have. If this strip was 
too short, this block would fit in behind there 
so f,s to make an abutment for it. 

Q. But that was a part of the stick; it was 
on the stick, and was sawed off b}' a curios- 
ity-hunter. Would these nails have been put 
in there for any purpose connected with the 
fastening of the door? 

A. No. sir ; I see no use for them there. 
This bevelled edge would keep it from slip- 
ping down the door, and the other end being 
in the mortise, it would not require anything 
to keep it from slipping down. 

Q. ,Hovv long would it have taken, with an 
ordinary penknile, to cut that hole in the wall 
you speak of ? 

A. I should suppose a man intent on mis- 
chief would do it in some ten or fifteen min- 
utes. After the tace of the plastering is bro- 
ken, the sand and lime runs out very easy. 

Q. I believe you have said that you do not 
know how the lock on the door of the Presi- 
dent's box came to be loose ? 

A. No, sir, I do not. 

Q. When did you first hear that the Pres- 
ident was coming to the theatre that night? 

A. I judge it was between eleven and 
twelve o'clock. 

Q. Do you know whether he was invited 
to the theatre? 

A. I do not know. 

MAY 22. 

Jacob Ritterspaugh, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By Assistant Judge Advocate Bingham : 

Q. Do you know the prisoner, Edward 
Spansler? 

A.^Ido. 

Q. Do you know where he lived in Wash- 
ington until he was arrested ? 

A. He boarded where I board. 

Q. Where was that? 

A. Mrs. Scott's, on the corner of Seventh 
and G streets. 

Q. Who arrested him .' 

A. I do not know, I was not there at the 
time he was arrested. 

Q. What is the name of the house ? 

A. I do not know ; there is no number on 
the house. 

Q. Whoowns'it? 

A. A Mr. Ford, I think. 

Q. Does he live in it? 

A. No, sir; Mrs. Scott has it leased from 
Mr. Ford. 



Q. Who lives in the house ? 

A. Mrs. Scott. 

Q. Who occupied the room with Spangler ? 

A. He never slept there ; he just took hi? 
meals; that was all. 

Q. Did he have a room in the house? 

A. No, sir; he slept at the theatre. 

Q. Did you see the rope that was taken 
there ? 

A. No, sir ; I know he had a valise there ; 
he used to keep it there. I do not know 
whether anything was in it ornot. The de- 
tectives came in and asked me if Spangler 
had anything there, and I told them I did not 
know any more than the valise, and I gave it 
to tbem, and they took it and went off with it . 

Q. You know that that valise that you gave 
them was Spangler' s valise. 

A. Yes, sir. 

Q. You do not know what it contained? 

A. No, sir; I have never looked into it. — 
They took it off. They aiked me if he had any 
chests or trunks, and I told them no ; he had 
no clothes there or anything else. 

Q. When did he bring the valise there ? 

A. I do not know. 

Q. When did you give it to the officers ? 

A. On Monday night, the 17th of April 
last. 

Q. Are you not commonly called "Jake" 
about the theatre ? 

A. I am. 

Joseph B. Stewart, 

a witness called for the prosecution, being 
duly sworn, testified as follows : 

By the Judge Advocate : 

Q. State to the Court whether or not you 
were at Ford's Theatre on the night of the 
assassination of the President ? 

A. I was. 

Q. State whether or not you saw the assas- 
sin leap from the President's box upon the 
stage ? 

A. I did. 

Q. Did you, or not, follow him? State the 
circumstances of your pursuit. 

A. I did not tbilow him. At about near 
halt-past ten, I was silting in the front seat of 
the orchestra on the right-hand side. There 
are two aisles in the orchestra. My seat was 
the one forming the corner seat on the lelt- 
hand side of the right-hand aisle, which 
would bring me immediately next to the mu- 
sic-stand. The report of a pistol, which was 
evidently a charged pistol — a sharp report — 
startled me. I was talking at the moment to 
my sister, who sat by me, my head leaning 
to the left. I glanced still further left and 
immediately back to the stage, and at the 
same time an exclamation was made, and 
simultaneously a man leaped from the Pres- 
ident's box alighting on the stage, exclaim- 
ing, as he came out, some words which I un- 
derstood. He came down with his back 
slightly to the audience, but rising and turn- 



34 



ing, his face came in full view. At the same i hand side of the alley, brought the horse for- 
instant I rose up and attempted to leap on j ward and spurred him, and at the same in- 
the stage directly from where I sat. My foot ; stant crouched forward down over the pom- 
slipped from the rail. My eye, at the same j mel of the saddle, and the horse went forward 
time, discovered the distance, and, without I then and soon swept to the left up towards F 
stopping my motion at all, I turned and street. 1 still ran after the horse some forty 
made two or three steps on the railing and ) or fifty yards. I commanded the person to 
jumped on the stage to the right of tlie foot | stop in the alley. The horse went on rapidly 
lights where I sat, keeping my attention all j after starting forward. It all occupied a space 
the time, after selecting my course, upon the I of a few seconds from the time 1 reached the 
man wlo was crossing the stage, and who stage until this occurred. 
had just jumped from the President's box. Q. You say you found the door closed ; did 
"When I reached the stage, as I was reaching | you see anybody standing about the door ? 
it, looliing in an angle to the left, I perceived | A. I Jid. 



that he disappeared at the same instant 
around the leit-hand stage entrance. Being 
on the stage, I crossed it as quick as possible. 
I had never been on the stage, and knew 
nothing about the condition of the building 
or the means of exit ; but I supposed the per- 
son was getting out, and I followed the di- 



Q. One or more persons ? 

A. I passed several person in that passage 
way, ladies and gentlemen — one or two men; 
I think in all perhaps five persons, as near as 
I could estimate without beinu able to count 
them. Near the door on my right hand side 
I passed a person standing, who seemed to be 



rectiou he touk. I exclaimed, '• Stop that in the act of turning. I was noticing every- 
man " three times. The last time, and when I thintr that came before me, as I was impressed 
I had passed the lennth of the stage and ! with what had occurred, and I saw a person 



turned to the right, and when I suppose with 
in a distance of from twenty to twenty -five 
feet from the door, the door slammed deci- 
dedly — came to, closed. I was going just as 
fast as I could, and got to the door of course 
very quickly. Coming against the door, I 
touched it first on the side where it did not 
open. I then caught hold of the door at the 
proper point, opened it, and passed out. The 
last time that I exclaimed. "Stop that man," 
some one said, '"He is getting on a horse;" 
and at the door, almost as soon as the words 
reached my eais, I heard the tramping of a 
horse. On opening the door after the balk at 
the door which prevented me from opening it 
at first, I perceived a man mountiuL' a horse. 
He was at that instant rather imperfectly 
mounted ; the moon was just beginning to 
rise, and I could see a little elevated better 
than I could immediately down to the ground. 
The horse was moving in a quick, aaiitated 
motion, as a horse will do if prematurely 
spurred in mounting with the rein drawn a 
little to one side ; and for a moment the horse 



who did hot seem to be moving about like the 
others. Every one else I saw but that one 
person was in a terrible commotion and mov- 
ing about. 

Q. Could you describe that person's ap- 
pearance ; do you think you would recognize 
him atrain? 

A. I would not like to undertake to recog- 
nize him positively, but I have a very distinct 
impression in my mind about the size and 
appearance of that man. 

Q. Look at the prisoners here and say 
whether either of them, in your opinion, is 
that person .' 

A. I know none of these prisoners, and I 
see but one face among them there that would 
call to mind that person. 

Q. Which is that? 

A. There it is, [pointing to Edw'dSpang- 
ler.] 

Q. Is that the person? 

A. That man looks more like the person I 
saw near the door th^n anybody else I see 
there. He makes the impression of the man's 



described a kind of a circle from the right to ' visage as I caught it as I was going along 



the left, which I noticed. I noticed at the 
same time that there were on the left some 
tenement houses. I ran in the direction 
■where the horse was heading, and when with- 
in eight or ten feet of the head of the horse, 
and almost up within reach of the left flank 



very rapidly. 

Q. Describe his bearing. 

A. As I approached the door, about as far 
as from here to the wall of this room, [indi- 
cating a distance of about litteen feet,J the 
person who was at the door was facing to- 



of the horse, the rider brought him around | wards the door ; but as I got nearer be 
somewhat in a similar circle from the left to 1 turned around partially, so that I had a view 
the right again, crossing over, the horse's feet j of him. The view I had was the view of a 
rattling violently on what seemed to be rocks. 1 person turning a quarter, describing three- 
I crossed in the same direction, aiming at the 1 quarters of a circle, as he turned, and the 
rein, and was now on the right flank of the } size and visage were observed so far as to 
horse. He was rather gaining on me then, ' leave on my mind an impression of the vis- 
though not yet in a forward movement. 1 1 age. 

could have reached his flank myself with my Q. Was he turning away from the door ? 
hand when perhaps two-thirds of the way A. Turning from the door, and towards 
over the alley. Again he backed to the right- 1 me. 



35 



Cross-examined by Mr. Ewing : 

Q. There is a pussage-way between the 
scenes and the green-room, about two and a 
half or three feet ia width, through which 
Booth ran as he passed out of the door. Was 
it in that passage-wa.y that you met this per- 
son, or was it between the scenes? 

A. I do not know where the green-room 
is. I never was on the stage before If T 
had a diagram of the building, I could point 
out the spot. 

Q. [Submitting to the witness the diagram 
heretofore offered in evidence and marked 
Exhibit No. 48.] This is a plan of the thea- 
tre ; now describe the locality. 

A. When I was coming through the pass- 
age from the front of the stage to the door I 
saw a person near the side door, as I ad- 
vanced in that direction rapidly, and I ob- 
served a person standing at the outer door, 
who, as I have described, was turning from 
the right to ihe left when I noticed him. It 
was in what you may call the passage — the 
one that leads from the front to the rear of 
the theatre, after passing over the stage and 
turning to the right — going towards the 
email door. 

Q. About how far from the door did the 
man stand ? 

A. About three feet. 

Q. Did you notice him there just after the 
door closed ? 

A. Just after it slammed. I was approach- 
ing the door. It was my expectation when I 
reached the stage to catch the person who 
had jumped from the President's box, inside 
of the house or very soon after he should get 
out of it, and I was watching very closely 
every person whom I approached. 

Q. If this man had been the person who 
slammed the door would you have noticed 
him doing it? 

A. No, sir. A person standing in that po- 
sition could, by a reach of the arm, have 
slammed the door, and I could not have no- 
ticed it. 

Q. But would not that have thrown him 
around? — would it not have given him a mo- 
tion different from the motion that he was 
making as you approached? 

A. I recollect well me action of the door. 
It is a narrow door — not a wide door. Ap- 
proaching It. it opens inwards to the right as 
you approach. When I came against the 
door, I came with my hand, and somewhat 
damaged my hand against a part of the 
hinge. The door was very narrow, and any 
one standing in that man's position could 
have slamni't-d the door very easily by reach- 
ing his band to it. 

Q. Which way does the door open — to- 
wards the side that the President was on, or 
from the side that the President was on ? 

A. Approaching the door from the stage to 
the rear, it hinges from the right to the left. 
Entering it from the outside, it would swing 



back from the left to the right to the inside. 
1 came violently against the door when I 
went to open it. 

Q. That is the lock of the door, when the 
door was shut, was on the side nearest the 
side on which the President sat? 

A. If you will give me a slip of paper, I 
will describe the way the door stood. 

Mr. Ewing. The Court has been there. 

The Witness. Then they will understand 
me. The lock of the door, approaching it, 
was on my right-hand side, the hinge to the 
left. Not knowing which side it swung on, 
I came against it on the left, and therefore I 
had to change my position before I could get 
out. If the door had been opened, so that I 
would not have been stopped at it, I could 
have got the range of that horse outside. 

Q. But the person you speak of, who, you 
think, resembles the prisoner Spangler, as 
you approached towards the door, was turn- 
ing trom left to right ? 

A. No, the other way. The door being on 
his right-hand side, he was turning to the 
left. 

Q. Had he his back towards the door? 

A. His right side stood quarter-face to the 
door, coming towards me. 

Q. His body was moving around from the 
door and towards you ? 

A. Yes, from the door. 

Q. That is not the motion that the move- 
ment of shutting the door would gradually 
give to the body, is it. 

A. That would be owing to which, hand 
the door was shut with. 

Q. With either hand ? 

A. With the right hand it might or might 
not. 

Q. Where were you in in the passage when 
you noticed that person — how far down the 
passage had you got ? 

A. I noticed him in about the second strid e 
I made after I heard the door slam. At the 
moment the door did slam I had just passed 
one person ; and then one or two more, in a 
great deal of agitation, came out within the 
passage-way, and I am sure that not more 
than two strides brought me in view of the 
door. The light being more dim, and my 
eyes just escaping from the foot-lights, I did 
not see so well, but I could see the door there 
and noticed this person. Of course I passed 
the person, and could easily have put my 
hand on him. 

Q. Will you please mark on the plat or di- 
agram, already shown you, the position in 
which 3-ou were when you saw that person? 
Put your initials on the plat at the spot, and 
indicate the position where that person stood ? 

The Witness marked with his initials on 
the diagram, which is Exhibit No. 48, the 
point supposed by him to be the door which 
was slammed, his own position at the time, 
and the position of the person near the 
door. 



36 



Q. Please mark also the positions of the 
other persons that you saw in the passage, as 
near as you can ? 

The witness marked the position as indica- 
ted, by the question, and added : 

I have made these marks as indicating, as 
near as I could from a judgement in such a 
rapid transit as I was making of the position 
of the persons I met. 

Q. State as well as you can recollect wheth- 
er the persons you saw there were genilemen 
or ladies 7 

A. I think the majority of the persons that 
I observed were ladies. 

Q. Did you notice Miss Laura Keene? 

A. I did not, particularly ; I should find 
it difficult to have noticed particularly any of 
the ladies, unless I had some means of know- 
ing them, or had my attention called to them, 
any more than I knew that they were there, 
that they came out. All those persous, up to 
the point I described, were very much agita- 
ted seemed very much conftistd. I saw 
another person to the right, or rather caught 
a glimpse of him, but that person was con- 
siderably in to the right of where the person 
was that I described as being near the door, 
and was moving. 

Q. Moving'which way ? 

A. In on the stage. 

Q. Moving from the door? 

A. He was moving almost at right angles 
to my course, off to my right. 

Q. Was he moving away from the door, or 
getting nearer to the door ? 

A. He was moving away to the right, not 
moving away from a straight line v\ith the 
door, but that person had not come from the 
door, or I would have seen him, 

Q. You mean that as he moved he got fur- 
ther from the door ? 

A. Yes, sir; further from the door and fur- 
ther from me. 

Q. Did you notice any person in the alley 
except the one who mounted and rode off? 

A. As I passed out of the door, on the right 
side, a small person passed directly under my 
ri^ht elbow. I c;iught a glimpse of and 
rather felt the person. As I approached the 
horse at the nearest point — I got to the horse 
before he was sheared around from the right 
to the left — some one ran rapidly out of the 
alley. 

Q. Was it probably the person you noticed 
passing at your elbow ? 

A. No, sir; that person never passed me ; 
he was left behind me, wherever he went to. 

Q. Could you recognize that person if you 
saw him. 

A. No, sir; I could not. There was no 
light inside by which I could lecognize him. 
The person, whoever it was, was a small per- 
son. 

Q. Was he as tall a person as the prisoner 
Spangler? 

A. No, sir ; I should think not by four or 
five inches. 



Q. Could yon see whether the person who 
you now think was Spangler wore any whis- 
kers or moustache at that time ? 

A. If he did it was not prominent, and I 
did not observe it so distinctly ; and yet I am 
under the impression that his face was slight- 
ly bearded, but not to that prominent degree 
which would attract or fix, or settle my at- 
tention much. The visage was what I tock 
in — the side face, the profile. 

Q. Your impression is that his face was 
bearded ? 

A. Not prominently, I should have thought 
he had some beard on his face ; but you can 
imagine if you associate your ideas with the 
attention I would be paying to any oae who 
came near me, considering the object I was 
about, how this thing would strike me. 

Q. Do you think he had a moustache only, 
or a moustache and side-whiskers? 

A. I cannot undertake to say that there 
were any side-whiskers. I did not expect to 
be asked these questions, but I have always 
since then been under the certainty that I 
saw a person inside, near the door, and asso- 
ciating the appearance of that person, I have 
in m}' mind a certain profile, a certain visage, 
a certain appearance which rests in my con- 
viction, and in my intelligence as to the per- 
son I saw. 

Q. As to the moustache ? 

A. I am under the impression that there 
was some beard on the face, but I would not 
undertake to designate a moustache. If there 
was one it was not sufficienlly prominent to 
make it marked in any way. 

Q. Could you recollect how he was dressed? 

A. No, sir. 

Q. Could you recollect the color of any of 
his clothing ? 

A. I did not stop to take that particular 
notice. My recollection on that subject is 
that the person had on a grey or darkish suit. 
ily recollection would be against its being a 
decidedly black suit. 

Q. Have you Sten the prisoner Spangler 
since then till now ? 

A. No, sir; I never saw him since then un- 
till to-day. 

Q. Ami you sweai^ now simply to a mere 
impression, hardly a fixed opiniou, as to his 
being the person ? 

A. I do not undertake to swear positively 
that that person sitting there was the jiersoa 
I saw. I do say that I saw a person there, 
and I see no person among these prisoners 
who calls to mind the appearance of that 
person except the one I have indicated, and 
that one, I am told, is Mr. Spangler. 

Q. I wish to know how strongly you are 
of opinion, or under the impression, that 
that was probably the man, or whether you 
are under that impression ? 

A. I am decided in my opinion that the 
person now referred to resemblfs the person 
I saw there. 



$T. 



Q. I believe you returned to the theatre, af- 
ter yon chased Booth up the alley ? 
A. Yes, sir. 

Q. You then came back to this door? 

A. I entered the same door that I had gone 
out of. 

Q. Do 3'ou not recollect meeting the pris- 
oner Spangler as you came back? 

A. If I did, I did not notice him in par- 
ticular. When I got out from the door and 
from the time I reached the stage, I saw no 
one behind me, nor did I see any jierson after 
I passed beyond the door except the person 
on the hotse whom I believed to be Mr. John 
Wilki?s Booth, until I had run as far as I did 
run after the horse, which was around the 
alley and up to the left some little distance. 
I then turned and came back and saw that 
nobody had come out from the theatre up to 
that time. I asked some of the people in the 
buildings bacK if ihey had seen more than 
one horse there, and how long they had seen 
the horse there; aud 1 got some answers from 
them which occupied but a moment aud then 
went on into the theatre. One of the persons 
stated that he had seen one horse there and 
that was all they seemed to know. When I 
got inside the door again, I met four or five 
persons approaching the door, and just at the 
door one person, a policeman, a man with a 
police mark on and not this prisoner. Inside 
the door a number of persons came against 
me ; the persons rapidly accumulated on my 
observation, returning into the house ; the 
stage, the scenes, and the passage ways were 
all filling up. 

Q. Do you recollect asking when you came 
in who that person was, or who it was that 
shot the President? 

A. Oh, yes; I asked that question several 
times. 

Q. Do you recollect this prisoner Spangler 
answering your question, saying it was 
Booth? 

A. No, sir ; I do not. I asked this ques- 
tion and recollect that one person answered 
it — "Are you satisfied it was Booth?" — 
'^ Have you any doubt it was Booth ?" That 
was my belief, and I was rather eliciting the 
views of others. I would not undertake to 
say that he might not have been one of the 
persons who heard me ask the question, and, 
deeming it addressed to him, answered it ; 
but I am not aware of addressing any ques- 
tion directly to that person. 

Q. When you got out of the door, the per- 
son was just rising into his saddle, was 
be? 

A. He was in his saddle, crouching for- 
ward, his left foot was in the stirrup ; be was 
leaning to the left; the horse was moving 
with a quick sort of motion, making appa- 
rently more exertion than headway at that 
time, but still going pretty fast, and circling 
around. He was sufficiently mounted to go 
with the horse without being unbalanced; he 



was getting the horse under control very fast 
for a forward movement. 

Q. You canuot say, then, that he had just 
got into the saddle? 

A. He was just completing his balancing 
himself in the saddle, but I should form the 
opinion from his position and the mution of 
the horse, that the moment he got his foot in 
one stirrup, he spurred the horse, aud having 
the rein drawn more on one side than the 
other, for the moment lost control of him, so 
fir as making him take a straight-forward 
movement. 

By the Jodge Advocate : 

Q. I understood you to say that all the per- 
sons you met in the passage as you approached 
that door exhibited signs ol agitation, except 
this particular man? 

A. Yes, sir, intense. Every person that 
came under my notice in the brief space of 
two seconds or three seconds that I i-an 
through the stage, was greatly agitated and 
seemed literally bewildered. The only per- 
son that did not seem to be under the same 
state of excitement was the person who was 
near the door. 

By Mr. Ewing : 

Q. How long did it take you, after you en- 
tered that passage, to get to the door? 

A. I could hardly time myself. 

Q. You were running? 

A. Just as hard 1 could, and was only ob- 
structed by the passing of those persons. Of 
course, it could not have been long ; it could 
not have been five seconds from the time I 
got on that stage until I reached that door. 
It was very quick. I realized in my own 
mind something wrong immediately on hear- 
ing the report of the pistol. I knew there 
was no pistol fired in the play, and then the 
discharge of the pistol was overhead, and it 
was a charged pistol in my opinion. It was 
discharged either by accident or design, of 
course, and the design was solved by the cir- 
cumstance of a man jumping out with a dag- 
ger in his hand, and the impression struck 
me instantly that there was somelliing wrong. 
My impression was that that person coming 
from the President's box had assassinated or 
attempted to assassinate him. Every action 
which I performed, and every effort that I 
made after I started to get upon the stage, 
was acting under that conviction ami impres- 
sion to the last, so much so that I stated to 
the people in the tenement houses in the rear, 
before I returned, that the person who went 
off on that horse had shot the President. 

Q. You saw only the side face of the per- 
son near the door ? 

A. A profile, but his full face passed around 
as you would see my own face now in turn- 
ing from left to right. 

By the Judge Advocate : 

Q. Did I understand you to recognize or 
to suppose you recognized Booth when he 
alit upon the stage? 



38 



A. Yes, sir. After I went out and re- 
turned, I took my family home, and imme- 
diately ran down the street toward Mr. Stan- 
ton's. I perceived persons in front of there 
and then turned and went rapidly to the po- 
lice-station and gave my name and the in- 
formation I had to Superintendent Richards, 
of the police, and upon bis cjucstion, said to 
him that I believed I knew who it was that 
had committed the deed ; that I believed it 
was Booth, and he said he believed so too. 

Q. You had known him before by sight. 

A. I had known him in this way : I had 
known him by sight, and 1 was some two 
years ago one evening at the Metropolitan 
Hotel introduced to him; I had seen him on 
the stage, and I had noticed him more dur- 
ing the last winter around the hotels. I 
went down two evenings to a hop at the Na 
tional Hotel with some ladies, and I noticeri 
him there leisurely around the parlor. I had 
not a doubt in my mind whom I was running 
after when I ran over the stage, and I should 
have been surprised to find it anybody else. 
I made every exertion to get through, and 
was astonished that the persons on the stage 
did not obstruct him, but they seemed very 
much bewildered. I felt a good deal vexed 
at his getting away, and had no doubt when 
I started on the stage that I could catch 
him. 

By the Court : 

Q. How long should you judge it to be 
from the time you heard the d' or slam until 
jou saw the man balancing on his horse? 

A. Not over the time in which I could 
make two steps. 

Q. .Were you nearer the door when you 
heard it slam than the horse was on which 
was the man? 

A. That I cannot determine; for the horse 
was outside, and I was approaching the door 
through a passage-way that I had never been 
in before, and was only admonished of the 
position of the door by approaching it, and 
the slamming of the door indicated to me 
that there was a door, slammed right directly 
in front of the position I then occupied, and 
I am sure it could not have been over the 
second stride after that. As the light reflect- 
ed back along the passage-way the door came 
in view, and this person that J have described 
was in the position described, and turning 
towards me from the door, and I suppose in 
three strides more I was at the door. 

Q. Are you satisfied that the door was 
closed by some other person than the person 
who went out at the door ? 

A. I cannot possibly be satisfied of that 
at all. There is nothing to exclude from my 
mind the possibility of the door having been 
closed by the person who went out — by Booth 
himself — but I did not see him close the door. 
The first notice of the door was on my ear, 
and in a moment it was in view. At the 
same moment I perceived the person standing 



as I have described, and the matter transpired 
then as I have stated, in my observation. 

Q. Are you satisfied that the person you 
saw inside the door was in a position, and 
had the opportunity, if he had been disposed 
to do so, to have interrupted the exit of 
Booth? 

A. Beyond all doubt. 

Q. And from his manner be was cool 
enough to have done so ? 

A. He showed no agitation like the other 
people did. 

By Mr. Ewing : 

Q. Were not tlie other parties that you 
have spoken of also in a position to have in- 
terrupted the exit of Booth? 

A. Yes, sir. 

Q. All of them? 

A. They were at the moment I saw them. 
They might have been two or three feet to 
the right or left in the scene-way before 1 saw 
them. Everybody 1 met could, if he had 
seen fit, have obstructed my motion ; and if 
those persons occupied the same position 
when Booth went through, they could have 
obstructed his motion. 

Q. That is all you meant to say ? 

A. One person only could not have ob- 
structed my motion, and that was the person 
who was apparently three, four, or five feet 
off to the right. I could have passed out the 
door without his obstructing me. That is 
the person whom I described, who seemed to 
be passing ofif to the right. All the other 
persons I saw could, and in fact did, obstruct 
my motion by their presence, but made no 
physical effort. 

Q. The person of whom you speak as be- 
ing nearest to the door was in no better posi- 
tion to obstruct the movements of Booth, as 
far as you know, than any of the others? 

A. None whatever, so far as I know. 

Q. Was he not in a position which would 
be natural to a person who had run to see 
who it was passing out, and who, as the 
door slammed, turned ? 

A. Yes. A per!-on who had made an effort 
to discover that object would occupy that po- 
sition. 

By the Court : 

Q. This man was nearest of all, though, to 
the door ? 

A. Yes; nearest to the door. 

Q. And could have opened it and gone out 
before you went out? 

A. Oh. yes. It would have been but a 
step to the right, and a reach to open it; the 
door was immediately within the control of 
the person who stood there. 

By Mr. Ewing: 

Q. Do you know whether the persons you 
passed in the passage, any of them, knew 
that the assassination had been committed? 

A. That would be but a conjecture. They 
acted more like people who were astounded 
at something that had just occurred without 



39 



any means of knowing what their impressions 
were of the character of the occurrence ; they 
were in that state of agitation. 



MAY 23. 

Joseph Burrough 

recalled for the prosecution : 

By Assistant Judge Advocate Bingham : 

Q. State to the Court whether or not you 
were working at Ford's Theatre in January 
last. 

A. Yes, sir; I was working there. 

Q. State if you know the stable iu the rear 
that was occupied by Booth with his horses 
and carriage. 

A. Yes, sir. 

Q. State if you know who fitted up that 
stable for Booth ? 

A. Spangler and a man by the name of 
George. 

Q. What Spangler? 
. A. Ned Spangler. 

Q. The prisoner here at the bar? 

A. Yes, sir. ^ 

Q. Did he do that in January last, Defore 
Booth put the horses in it? 

A. Yes, sir. 

Q. What did he do to the stable? 

A. He raised it up a little higher and put 
etalls in it. 

Q. How many stalls did he put in it? 

A. Two. 

Q. Did he prepare a carriage room too ? 

A. Yes, sir ; but first he had to raise it 
higher for the buggy. 

Q. Was Booth tliere at the time when he 
was doing it? 

A. He was there sometimes ; he was there 
a little once. 

Cross-examined by Mr. Ewing : 

Q. Did Booth occupy the stable with his 
buggy and hoise? 

A. Yes, sir. 

Q. From that time on until the assassina- 
tion ? 

A. Yes, sir. First he had a horse and sad- 
dle in there, aud theo he sold that horse and 
got a horse and buggy. 

Q He had the horse and buggy thereuntil 
the assassination? 

A. Yes, sir. 

By Assistant Judge Advocate Bingham : 

Q. I would like to know what horse and 
buggy, if any, he sold before that time. 

A . He sold the horse that he brought there 
first — the horse and saddle. 

Q. Was there any buggy sold before that 
time ? 

A. No, sir ; he sold the buggy last — the 
horse and buggy. 

Q. When wa's it sold? 

A. It was sold OQ Wednesday, I think. 

Q. Was that the Wednesday before the 
President was murdered? 



A. Yes, sir. 

Q. Who sold it for him? 

A. Spangler. 

Q. What Spangler? 

A. Ned Spangler. 

Q. The prisoner here? 

A. Yes, sir. 

By Mr. Ewing : 

Q. Do you know to whom he sold it? 

A. No, sir ; I do not know who he sold it 
to. He brought it down to the baznar on 
Maryland avenue, but could not get what he 
wanted for it, and then he sold it to a maa 
who kept a livery stable, he said. 

Q He took it down to the bazaar? 

A. Yes, sir. ^ 

Q. Is that where they sell horses and car- 
riages? 

A. Yes, sir. 

Q. Did you not go with Spangler when he 
weut down to the bazaar? 

A. Yes, sir ; I went with him down to the 
bazaar. 

Q. Did not Booth and Gifford tell Spang- 
ler on Monday to take it to the bazaar? 

A. Yes, sir. 

Q. And you cleaned it off? 

A. Yes, sir ; I weat out there and cleaned 
it oflf. 

By Assistant Judge Advocate Bingham: 

Q. That was on the Monday before the 
murder, as I understand it? 

A. Yes, sir. 

James L. Maddox, 
a witness called for the prosecution, being 
duly sworn, testified as follows : 

By Assistant Judge Advocate Bingham : 

Q. Were you employed in Ford's Theatre 
last, winter? 

A. Yes, sir ; I was. 

Q. State to the Court who rented the stable 
for Booth, which he occupied with his horse 
during the winter and on the night of the 
murder of President Lincoln ? 

A. I did. 

Q. When did you rent that stable? 

A. I think it was in December la;st. 

Q. From whom did you rent it? 

A. Mrs. Davis. 

Q. For whom did you rent it? 

A. For Mr. Booth. 

Q. How was the rent paid to Mrs. Davis — 
mouthly or quarterly ? 

A. Monthly. 

Q. Who paid the rent? 

A. I did. 

Q. Who furnished the money ? 

A. Mr. Booth gave me the money. 

Q. Were you pies- nt at the decoration of 
the President's box ou Friday afternoon,, the 
14th of April last— the day of the President's 
murder? 

A. I was there at one time. 

Q. Do you know who decorated it ? 

A. I saw Harry Ford in there, decorating it. 



40 



Q. Did you see anybody else? 

A. I do not recollect seeing any person else 
in <he box. There may have been some per- 
son in there, but I did not see them. 

Q. Do you know who put in that box, on 
that day, the rocking chair on which the 
President sat? 

A. I do not ; I saw the colored man Joe 
Simms with it on his head. He was coming 
down from up in Mr. Ford's room and going 
through the alley-way. 

Q. He was bringing it into the theatre? 

A. Yes, sir. 

Q. Was that in the afternoon? 

A. Yes, sir. 

Q. Did you see who helpq^himto put it in 
that box? 

A. No, sir. 

Q. Had vou ever seen that chair in that 
box at all ? 

A. Not this season. 

Q. Had you ever seen it? 

A. The first time the President ever came 
there it was put in there. 

Q. When was that? 

A. In the winter of 1863. 

Q. Then you had not seen it there for two 
years ? 

A. No, sir. 

Q. Were you in the box that day yourself? 

A. No, sir. 

Q. Had you been in the box a few days be- 
fore? 

A. No, sir; I have not been in that box 
since 1863. 

Cross-examined by Mr. Ewing : 

Q. What has been your business at the 
theatre ? 

A. The property-man. 

Q. Do your duties require you to be on the 
stage while the performance is going on ? 

A. Yes, sir ; if there is anything to do. 
There is a great deal of work to do generally. 
Sometimes there is nothing at all, and I go out. 

Q. What is your position on the stage ? 

A. To see that the furniture is put on there 
right ; to give the actors any side-jiroperties 
that are required to use in the piece. 

Q. What place on the st;ige is 3"ours — what 
part of the stage do you occupy? 

A. My room is not on the stage ; it is off 
the stage. I do not occupy any part of the 
stage particularly. 

Q. You have no position on the stage? 

A. No position on the stage proper. 

Q. Do you know the passage-way by which 
Booth escaped ? 

A. I was shown the passage-way. I did 
not see him escape that way. 

Q. Can you state whether it is customar}' 
during a performance to have that passage- 
way clear or obstructed ? 

A. It is generally clear. I have never seen 
it blocked up. When we are playing a heavy 
piece we generally have to run things in there 
in a hurry. It is generally clear. 



Q. Is the "American Cousin" a heavj 
piece? 

A. No, sir. 

Q. Do you think, then, that during the 
play of the ''American Cousin" that pas- 
sage through which Booth passed would 
proper!}' be clear, with no obstruction ? 

A. Yes, sir. 

Q. Where was Spangler's position on the 
stage? 

A. His position was on the left-band side 
of the stage. 

Q. The same side that the President's box 
Avas on ? 

A. Yes, sir; he has always been on that 
side since I have been about the theaire. 

Q. Did you see Spangler that night? 

A. Yes, sir, I did. 

Q. State at what times you saw him, and 
where he was during the performance? 

A. I saw him pretty nearly every scene. 
If he had not been there I should certainly 
have missed him, I do not recollect of see- 
ing him away from tlie flats at all. He may 
have been away, but I cannot say. 

Q.^f he had been away you would have 
misscM him ? 

A. Yes, sir; because some person would 
have had to run his flat off, and every person 
would have been inquiring where he was. 

Q. If he had been away for what length of 
time? 

A. If he had missed one scene we should 
have known it. Sometimes one scene lasts 
twenty minutes, and a man can go a good 
ways in that time. 

Q. In the third act of the "American 
Cousin," are not the scenes shifted fre- 
quently ? 

A. Yes, sir; there are seven scenes in it, 
the way Miss Keene pLiys it. 

Q. Would it have been practicable for 
Spangler to have been absent during the per- 
formance of that act? 

A. No, sir, it would not; he ought not to 
have been absent. 

Q. Would it have been practicable for him 
to be absent for five minutes, without his ab- 
sence being noticed ? 

A. It would. 

Q. Ten minutes? 

A. No; even five minutes' absence would 
have been noticed during the third act. 

Q. How was it during the second act? 

A. I guess he has half an hour in the sec- 
ond act, and in the first scene of the third 
act he has twenty-five minutes. After the 
first scene of the third act he has twenty-five 
minutes. After the first scene of the third 
act, the scenes are pretty quick. 

Q. Were you at the I'ront of the theatre 
during that play? 

A. During the second act I was in the box 
office. 

Q. Were 3^ou on the pavement? 

A. I went through the alley-way to the 



41 



front of the house. I had to go on the pave- 
ment. 

Q. Did 3'ou see Spangler there? 

A. I did not. 

Q. Did you ever see Spangler wear a mous- 
tache ? 

A. Not since I have known him, and I 
have known hira two years-next month. 

Q. Where were you at the moment the 
President was assassinated? 

A. I was in the first entrance, left hand. 

0. That is the side the President's box is 
on ? 

A. Yes, sir. 

Q. Did you see Spangler very shortly be- 
fore that? 

A. Yes, sir; I thiuk I did. I saw hira 
standing at his wing when I crossed the stage 
with the will while the second scene of the 
third act was on. 

Q. You saw him in his place then ? 

A. Yes, sir. 

Q. IIow long was that before the President 
was assassinated ? 

A. I think that was about three or four 
minutes ; it could not have been longer than 
that before, but I will not say positively. 

Q. When you heard the pistol fired did 
you see Booth spring upon the stage? 

A. No, sir. 

Q. Did you see him run across the stage? 

A. I first caught a jflimpse of him when 
be was about two feet off the stage. 

Q. Did you run after him? 

A. I ran on the stagf and I heard a call 
for water, and then I ran for water and 
brought a pitcher of water, and gave it to 
one of the officers. 

Q. Did you see Spangler after that? 

A. I did not see him after that until the 
next morning. I do not recollect seeing him 
at any rate. I may have seen him, but not 
have taken any notice of it. 

Q. Did you hear Booth that night when 
he rode up to the theatre and called for Span- 
gler? 

A. I did not. 

By Assistant Advocate Bingham : 

Q. Do you know whether the President's 
box was locked, except when they were deco- 
rating it or when it was occupied ? 

A. I do not know. I am very seldom ever 
in the front of the house in the daytime. 

Q. Do you know whether they were in the 
habit of keeping the outside door of it 
locked? 

A. I do not. 

Q. Do you whether any of the other boxes 
were occupied that night when the President 
sat in there? 

A. I do not think any of them were. 

Q. Do you not know ihey were not? 

A. I do not. I cannot say positively 
whether they were or not. 

Q. You do not think they were? 

A. I do not think they were, but I would 



not say positively they were not. I never 
took notice only first of the President's box, 
and saw that the President came in. 

By Mr. Ewing : 

Q. When did you first hear that the Presi- 
dent was coming to the theatre that night? 

A. I heard it, I guess, about twelve o'clock. 

Q. Who told you ? 

A. Mr. Harry Ford. 

Q. Do you know whether the President 
was invited ? 

A. I do not. I heard that night that one 
of his young men, who were officers up 
there, came down and engaged the box for 
him. I heard him say so myself. 

Q. Heard who say so ? 

A. I do not know what his name is, but 
he is one of the detectives up there at the 
President's House — a young man. I heard 
him say that night that he had come down 
that morning and engaged the box for the 
President. 

JUNE 1 . 

Jacob Ritterspaugh 

recalled for the prosecution. 

By Assistant Judge Advocate Bingham : 

Q. State to the Court whether you were a 
carpenter in Ford's Theatre down to the 14th 
of April last. 

A. Yes, sir, I was. 

Q. Were you there on the night of the 14th 
of April, when the President was shot? 

A. I was. 

Q. State which box in the theatre the 
President occupied that night. 

A. It was on the left-hand side of the 
stage ; on the right as you come in from the 
front. 

Q. Did the President sit in the upper or 
lower box? 

A. The upper. 

Q. When the shot was fired did you hear 
anybody say anything about stopping a man? 

A. Yes, sir. 

Q. What was said? 

A. Somebody hallooed, "Stop that man." 

Q. State where you were at the time and 
what you did when you heard that cry "stop 
that man?" 

A. . I was standing on the stage behind the 
scenes. Some one cried that the President 
was shot. Then T saw a man running that 
had no hat on. 

Q. Which way was he running? 

A. Towards the back door. He had a 
knife in his hand, and I ran to stop him and 
ran through the last entrance, and as I came 
up to him he tore the door open. I made for 
him, and he struck at me with the knife, and 
I jumped back then. He then ran out and 
slammed the door shut. I then went to get 
the door open quick, and I thought it was a 
kind of fast; I could not get it open. In a 



42 



moment afterwards, I opened the door and' 
the man had just got on his horse and was 
running down the alley; and then I came in. 
I came liack on the stage where I had left 
Edward Spangler, and he hit me on the face 
■with the back of his hand, and he said, 
"Don't say which way he went." I asked 
him what he meant by slapping me in the 
mouth, and he said "For God's sake, shut 
up," and that was the last he said. 

Q. is the Edward Spangler to whom you 
refer the piirouer at the bar? 

A. Yes, sir. 

Q. When you went out of that door, had 
anybody else except the man that ran with 
the knife gone out before you ? 

A. I did not see any one else. 

Q. Did any go out after you? 

A. Some one came out, but I do not know 
who it was. 

Q. Did you leave the door open when you 
went out? 

A. Yes, sir; I left it open. 

Q. What do you do during the time the 
play is going on in the theatre, if any- 
thing? 

A. My business is to shift wings on the 
stage and pull them off, and fetch things out 
of the cellar if they need anything. 

Q. State what sort of a man, if any, came 
out after you had gone out of the door. 

A. I thought it was a tall man and a 
pretty stout man. 

Q. Do you know him? 

A. No, I did not take notice who it was. 

Q. When you came back into the theatre, 
was the door open or shut? 

A. It was open. 

By Mr. Ewing : 

Q. Where were you standing when you 
heard the pistol fired ? 

A. In the centre of the stage. 

Q. Where was Spangler then ? 

A. He was at the same place, just about 
ready to shove off the scenes, and I was 
there and listening to the play. 

Q. Which was nearest the door, you or 
Spangler? 

A. I was. 

Q. You are certain you both stood there 
together when the pistol was fired? 

A. Yes, sir. 

Q. When the pistol was fired, did you 
know what hud happened? 

A. Not right away. First some one hal- 
looed, "Stop that man," and then after that 
some one said the President was shot, and it 
was only then that I knew what had hap- 
pened. 

Q. You did not know what had happened 
until the President was shot? 

A. No, sir. • 

Q. When you came back, whereabout was 
Spangler ? . 

A. At the place I left him; the same place. 
^ Q. Was there a crowd in there then? 



A. The actors were there, and some stran- 
gers. 

Q. Who were there right by you? 

A. There were some women standing there; 
I do not know who they were — some that 
belonged to the theatre, but I do not know 
their names. 

Q. Do you not know one of them? 

A. I do net know any of their names. I 
am not acquainted with them. I had been 
there only about four weeks. 

Q. Did any one of them take part in the 
play that night ? 

A. Yes, sir, I think some did. 

Q. What parts did those take who were 
standing there when Spangler slapped you? 

A. The one they used to call Jenny was 
standing there then. I do not know what 
part she took. 

Q. How close was she standing to you 
and Si)ang]er when he struck you? 

A. She might have been three or four feet 
from me. 

Q. She probably heard him say that? 

A. I do not know. 

Q. He said it loud enough for her to hear? 

A. He did not say it so very loud. 

Q. He said it in the usual tone? 

A. Yes; but he looked as if he was scared, 
and a kind of crying. 

Q. Did you not hear the people then hal- 
looing "burn the theatre?" 

A. No, sir; I just heard them halloo "hang 
him" and "shoot him." That was all I 
heard. 

Q. Did you afterwards tell to a number of 
persons what Spangler said to you when he 
slapped you ? 

A. Not that I know of. I think some 
detective came and asked something about 
the theatre, and I told him about Spangler 
hittiug me in the mouth with his open hand. 

Q. Did you not tell Mr. John T. Ford? 

A. No, sir. 

Q. Did you tell either of the Messrs. 
Ford? 

A. No, sir. I never knew John T. Ford 
until I saw him after the thing had hap- 
pened. 

Q. Did you say nothing to any of the 
Fords about what Spangler had said to you 
when he slapped you ? 

A. I told it to nobody but Gifford, the 
boss. 

Q. You told Gifford? 

A. Yes. 

Q. Where did you tell Gifford? 

A. At the prison. 

Q. What did you tell Gifford that Spang- 
ler had said? 

A. I told him that Spangler said I should 
not say which way the man went. 

Q. When was it that you told Gifford? 

A. It was the same week I was released, I 
think. 

Q. At Carroll Prison ? 



43 



A. Yes, sir. 

Q. How many weeks ago ? 

A. I tbink it was the week before last, if I 
am not mistaken. 

Q. Did you till anybody else that? 

A. Not that I know of. 

Q. To what detective did you tell it. 

A. I do not know his name. It is the man 
that had me arrested. 

Q. When did you tell it to him ? 

A. After I was released from the prison. 

Q. Where did you tell him ? 

A. At the house where 1 board. He came 
up there the same day, I think ; it was on Fri- 
day, I believe. 

Q. How long was it after you were re- 
leased ? 

A. In the afternoon ; I was released at 
eleven o'clock, and in the afternoon became 
there, about three or four o'clock. 

Q. What kind of looking man was the de- 
tective ? 

A. He has black whiskers and moustache. 

Q. How heavy a man ? 

A. About one hundred and forty pounds, 
I should think. 

Q. How was he dressed ? 

A. In black. He is one of Colonel Baker's 
men. 

Q. Do you know what tbey call that detec- 
tive? 

A. No ; I do not know his name. 

Q. You told it to nobody else, then, but 
to Gifford and that detective? 

A. That is all, as far as lean remember. 

Q. See if you cannot recollect somebody 
else to whom yon told it? 

A. I may have said something in the house 
at the table when I came in there: I think 
the rest of them heard it. 

Q. Where were you ? 

A. At the boarding house where I general- 
ly board. 

Q. Were you at a meal when he came in ? 

A. No; I think I was sitting in front of 
the house when he came. 

Q. Did you see Booth open the back door 
of the theatre? 

A. Yes, sir. 

Q. Did you see him shut it? 

A. Yes, sir; but I did not know who he 
was then ; I did not see his face right. 

Q. You were the next person who got to 
the door after he left ? 

A. Yes, sir. 

Q. Then who opened it? 

A. I opened it. 

Q. Did you shut it? 

A. No, sir. 

Q. How close to you \vas the big man who 
ran out after you ? 

A. He might have been perhaps five or six 
yards from me when I beard him holla, 
"Which way?" I do not know, I cannot say 
for certain, whether it was he or some one 
else who hollaed "which way." I cried out 



"this way," and then ran out and left the 
door open. By that time the man bad got on 
the horse and gone off down the alley. 

Q. Where did you see the big man again ? 

A. Outside. 

Q. Have you seen that big man since? 

A. No, sir; I did not take notice what 
kind of looking man he was. 

Q. He is a good deal taller man than you 
are? 

A. Yes, sir. 

Q. Is he not considerably over six feet 
high? 

A. I cannot say whether he was over six 
feet, but he was a tolerably tall man. 

Q. How long was it after you went out be- 
fore you came back to where Spangler was 
standing? 

A. It might have been two or three min- 
utes. 

Q. And he was crying, you say? 

A. He looked the same as if he was crying 
and a kind of scared. 

Q. What did you say to him first before 
he said that to you ? 

A. I did not say anything to him. 

Q. What else did you hear the people hol- 
la? 

A. "Hang him," "Shoot him," was all I 
heard them holla. That was the last. 

Q. Did you hear them call any names? 

A. No, sir. 

Q. Did any one call Booth's name ? 

A. Not that I know of. 

Q. When did you find that it was Booth 
who had shot the pistol ? 

A. After the people were all out and I 
came outside. Some said it was Booth and 
some said it was not. 

Q. It was after Spangler had slapped you? 

A. Yes, sir. 

Q. Did you hear them talk about burning 
the theatre? 

A. No, sir. 

Q. You and Spangler were standing where 
you were for the purpose of shifting the 
scenes ? 

A. It was not my place to shove them ; my 
work is generally to pull off the things and 
shove them on. 

Q. But that was Spangler's place? 

A. Yes, sir ; and some other man's, whose 
name I do not know. 

Q. Spangler was there, then, where he 
ought to be to do the work that he had to do ? 

A. Yes, sir. 

Q. How many persons were inside the the- 
atre about the door when you came back? 

A. I cannot tell how many; there were a 
good many. Tbey were still running down 
from upstairs asking which way the man 
went, and I told them 'he had gone out the 
back way. 

Q. That was after you saw Spangler the 
second time ? 

A. Yes, sir ; that was afterwards. 



44 



Q. You are certain Booth opened the door 
himself and shut it, and that then you were 
the next person who opened it ? 

A. Yes, sir. 

Q. And you left the door open ? 

A. Yes, sir. 

Q. Were you at supner withSpangler that 
night? 

A. Yes, sir, 

Q. Before the assassination? 

A. Yes, sir ; we went home together at 
six o'clock and came back at seven. 

Q. You boarded together? 

A. Yes, sir. 

H. Clay Ford, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State what business you were engaged 
in on the 14th of April last, and immediately 
precediufi:. 

A. Treasurer at Ford's Theatre. 

Q. State when it was first known there 
that the President was going to the theatre 
that night. 

A. It was first known to me about half 
after eleven o'clock. I had been to breakfast, 
and did not get back until some time after 
the President had engaged the box. 

Q. State whether John Wilkes Booth was 
at the theatre after that on that day ; and if 
so, at what time. 

A. He was there, I think, about twelve 
o'clock noon, half an hour after I came to the 
theatre myself. 

Q. State whether or not the fact that the 
President was going to the theatre that night 
was communicated to Booth 

A. I do not know. I think very likely he 
found it out there. I am not certain whether 
he did or did not. I did not tell him. It 
might have been told there at the time that 
the President was coming. 

Q. Did you see anything of Booth after- 
wards on that day? 

A. No, sir; not until the evening. 

Q. Did you see him as you were going to 
the theatre that day ? 

A. No, sir ; I saw him coming down the 
street, I think, while I was standing in the 
door of the theatre. 

Q. State what he did then. 

A. He then went and commenced talking 
to the parties standing around. Mr. Raybold 
went into the house and brought him out a 
letter that was there for him ; he sat down 
on the steps and commenced to read it. 

Q. At what time was that he came there? 

A. About twelve o'clock noon. 

Q. How long did he sta)'? 

A. I should think he stayed about half 
an hour ; he conversed a while there and read 
the letter, and I went into the office; and 
when I came out again he had gone. 



Q. State what you know about the pre- 
paration of the theatre for the reception of 
the President at that time. 

A. When I VFent to the theatre, my brother, 
James R., told me the President was to be 
there that night, and I told Mr. Raybold 
about fixing up and decorating the box for 
the President that night. He had the neural- 
gia in his face, -and I fixed it up in his place. 
I went up there and found two flags there 
ready to be put up, got Mr. Raybold to help 
me put up those two, and another flag came 
down from the Treasury Department. I went 
up there and put up the regimental colors, 
blue flag, in the centre, and al)ove the two 
American flags. I had part of the furniture, 
one chair, brought from the stage and put in 
the box, and the sofa and a few chairs out of 
the reception room, and the rocking-chair 
down from my sleeping room up stairs, next 
door to the theatre. 

Q. Did you receive any suggestion from 
anybody as to the preparation of the box ? 

A. Only from Mr. Raybold, and the gen- 
tleman who was there at the time that 
brought the third flag down from the Treas- 
ury building and helped me to decorate the 
box. 

Q. What had Spangler to do with the dec- 
oration of the box ? 

A. He took the partition out of the box ; 
there are two boxes, and taking out the par- 
tion makes them one? 

Q. Was it usual to remove that partition 
upon any such occasion ? 

A. Yes, sir; we always removed it when 
the President came there. 

Q. You had removed it when the President 
attended the thea're? 

A. Yes, sir. Spangjor and the other car- 
penter, Jake, removed it, I believe. 

Q. How many times had the President been 
at your theatre during the spring and winter? 

A. I do not know. I suppose about six 
times during spring and winter. He was 
there three or four times during Mr. Forrest's 
engagement, and twice during Mr. Clarke's 
engagement. Those are the only times I re- 
member. 

Q. How did Spangler come to the box? 
Was he sent for? 

A. I suppose Mr. Raybold sent for him. I 
did not speak to him about taking out the 
partition from the box. I do not know my- 
self. 

Q. Was Spangler in the box during the 
time you were there decorating it? 

A. No, sir. Spangler was on the stage at 
that time. 

Q. What was he doing? 

A. He was working on the stage. I think 
he had a pair of flats lying down on the sur- 
face of the stage, fixiijg them in some way. I 
called for a hammer and nails, and he threw 
up to me two or three nails and handed me 
the hammer up from the stage. 



45 



Q. Do you know whether he was apprised 
of the fact that the President was coming or 
not? 

A. Oh yes, sir ; he knew the President was 
coming-, because he was taking out the par- 
tition. 

. Q. Do you know whether tliere was any 
penlcniCe used in the decoration of the Presi- 
dent's box, and what became of the pen-knife? 

A. I used the penknife in cutting the 
strings to tie up the flags and the picture of 
Washington, and left it there in the box. 

Q. You left it there? 

A. Yes, sir. 

Q. Did you forget it? 

A. Yes, sir; I forgot it. 

Q. Had the picture of Washington been 
there before? 

A. No, sir. 

Q. Why was the chair that was there 
brought from your sleeping room to the Pres- 
ident's box? 

A. Only because putting the other furni- 
ture in, I put the chair in with it, the chair 
belonged to the same set. The chair was in 
the reception room in the first place, and the 
ushers going in there and sitting in it greased 
it wiih their hair, and we bad to remove it 
up to our room, being a very nice chair. We 
put the red furniture in the box that day, and 
we put in the chair because it belonged to 
that set — that was the only reason for putting 
it in — 30 as to make the box look as neat as 
possible. 

Q. Do you know whether Booth was in the 
habit of engaging any of the boxes ? 

A. Yes, sir. 

Q. What box was he in the habit of en- 
gaging ? 

A. The one he always engaged, when he 
engaged any, was box No. 7, on the right 
hand side of the theatre, the one nearest the 
audience; it is a part of the President's box 
vriien the partition is taken out. 

Q. It was one of the boxes that the Presi- 
dent occupied ? 

A. Yes, sir. 

Q. How often did he occupy that box, dur- 
ing the season, before the assassination ? 

A. He secured the box three or four times ; 
I do not know whether he ever occupied it or 
not ; I never saw him in the box. He sjioke 
to me of bringing some ladies, and sometimes 
he would use the box, and sometimes he would 
not. 

Q. Did he ever occupy any other box ? 

A. Not to my knowledge. 

Q. Do you know whether Booth's spur 
caught, as he leaped from the box, in any- 
tbiug; if so, in what? 

A. i have heard that it was caught in the 
fiasr, but I do not know. 

Q. In what flag? 

A. I understood that it was the blue flag 
in the centre. I always understood so ; I do 
not know it. 



Q. Who put the flag on there? 

A. I placed the flag there. 

Q. That afternoon ? 

A. Yes, sir. 

Q. Where did you get that flag? 

A. It came from the Treasury Building — 
the Treasury regiment flag. 

Q. Was there anything special or unusual 
in the arrangement of tlaat box, and if so, 
what ? 

A. The picture had never been placed in 
front of the box before. We mostly always 
used small fligs, but on this occasion, as 
General Grant was expected to come with the 
President that day, we borrowed these flags 
from the Treasury regiment to decorate it 
with. 

Q. State where you were during the play 
of the " American Cousin, " preceding the 
assassination. 

A. I was in the ticket office of the theatre. 

Q. Were you out on the pavement at all ? 

A. I may have been out on the pavement ; 
I do not remember being there. I suppose I 
passed in and out two or three times. 

Q. Did you see anything of the prisoner, 
Edward Spangler, in front of the theatre dur- 
ing the play? 

A. No, sir. 

Q. Did you ever see him wear a mous- 
tache? 

A. No, sir. 

Cross-examined by Assistant Judge Advo- 
cate Bingham : 

Q. You know the fact, I suppose, that the 
other boxes of that theatre were not occupied 
on the night of the assassination ? 

A. Yes, sir. None of the boxes were oc- 
cupied, I think. I could tell by looking at 
my book. I am not certain of it. 

Q. Have you not had particular attention 
called to that matter since the assassination? 

A. Yes, sir. I do not remember of any 
boxes being taken on that night. 

Q. Do you not remember the further fact 
that the boxes were applied for that evening, 
and the applicants were refused, and told that 
they had already been taken? 

A. No, sir; I do not recollect it. The ap- 
plicants did not apply to me. 

Q. You sold all the tickets, did you not? 

A. No, sir, there were four of us in the of- 
fice who sold tickets. 

Q. And you do not know who had applied 
for those other boxes? 

A. No, sir. 

Q. Are you willing to swear here that 
Booth did not? 

A. To me? Yes, sir. 

Q. To anybody, with your knowledge? 

A. Yes, sir, I swear he did not. 

Q. To you, according to your information ? 

A. According to my information, he did 
not. 

Q. Nor anybody else for him ? 

A. Nor anybody else for him. 



46 



Q. There were no applications of any kind 
for the other boxes to your knowledge? 

A. To my knowledge, no application was 
made for any box except the President's. 

Q. I understand you to swear, however, 
that there may have been applications made, 
aud you know nothing about them? 

A. Yes, sir, there may have been. 

Q. Now will you please tell the Court 
whether there was a mortise in the wall be- 
hind ihe entrance door of the President's 
box when you were up there decorating it? 

A. 1 did' not notice it. 

Q. Will you swear whether there was or 
was not a mortise there? 

A. There was not. to my knowledge. 

Q. You know there was one there when 
the President was murdered? 

A. I do not know it; I heard so. 

Q. Did you not see it afterwards? 

A. No, sir. 

Q. You did not see it afterwards? 

A. No, sir; I have not been in the box 
since. 

Q. Was there any bar there for the pur- 
pose of fastening the entrance door of that 
box when you were there that afternoon ? 

A. 1 saw none. 

Q. Was there ever such a contrivance at- 
tached to it before ibat day 1 

A. I never knew of any. 

Q. Do you not know that there was a con- 
trivance by which the door could be fastened 
at any time against its being opentd from the 
outside by putting a bar in the mortise of 
the wall? 

A. I know there was not. 

Q. That is what 1 suppose — before that 
day? 

A. Yes, sir. 

Q. Was there a hole bored through the 
first door that opens into the President's box 
from the entrance passage before that day? 

A. I never saw it, and do not know of any 
being there. 

Q. Do you not know now that there is one 
there ? 

A. I have heard so, but I have not been in 
the box since. 

Q. Have you not seen it since the assassi- 
nation? 

A. No, sir. 

Q. Were the screws of the keepers of the 
locks of the doors to the President's box 
drawn before that day, so that the locks 
would not hold the door? 

A. I have heard that the lock was bursted 
some time previous to the President's visit 
there; but I do not know about that. 

Q. I am not asking you about any burst- 
ing. I am asking you about the fact whether 
the screws were drawn so that tbe keepers 
of the lock would not hold the door at all, if 
there was a pressure against it, opening into 
the President's box, before that day. 

A. Not to my knowledge; I do not know. 



Q. Do you swear that they were not so 
drawn when you were decorating the box 
that day ? 

A. To my knowledge, I swear they were 
not. They might have been drawn ; I am 
not certain of that, but I did not notice it. 
I swear positively that 1 did not notice it. 

Q. It was not done in your presence? 

A. No, sir. 

Q. Nor was it done with your knowledge? 

A. No, sir. 

Q. Had you a .conversation with Mr. Fer- 
guson before that about decorating the the- 
atre with a flag in celebration of some of our 
victories? 

A. 1 do not remember any. 

Q. Or in regard to running up a flag on 
the theatre ? 

A. I do not remember ever having had any 
conversation with him on that subject; I 
may have had. 

Q. Do you remember his asking you 
whether you had a flag to run up to cele- 
brate a victory? 

A. No, sir, I do not. I know that we 
borrowed a very large flag to run up in front 
of the theatre. My brother, James R. Ford, 
borrowed it. 

By Mr. Aiken : 

Q. I understand you to state that it was 
half-past eleven or twelve o'clock when you 
first saw Booth in the theatre, in the morn- 
ing? 

A. It was about twelve o'clock, noon. 

Q. How long did he remain there? 

A. I suppose he remained there half an 
hour. I did not see him go. I stayed around 
there for about half an hour, I "think, and 
then went into the ofiice, and when 1 came 
out Booth had gone. 

Q. Did Booth have this conversation and 
read this letter at that time ? 

A. Yes, sir. 

Q. Did you see the letter ? 

A. Yes, sir. 

Q. Was it a long or a short one ? 

A. It was a very long letter, either four or 
eight pa es, either two sheets or one, I am 
not certain which, all covered over. 

Q. Large size ? 

A. Yes, sir, letter paper. 

Q. Had it been made public at the time Mr. 
Booth left the theatre that the President 
would be there that night ? 

A. When I came to the theatre my brother 
told me to wait there until he could go up 
and get the flags to decorate the box, and 
also to put a little notice in the Evening Star 
and the other evening papers of the Presi- 
dent's visit. 

Q. But the fact had not been made public 
then? 

A. No, sir. 

Q. Then could any one have had knowl- 
edge of that fact, unless they did come to 
the theatre? 



47 



A. Unless they met my brother, I do not 
think they could have had. 

Q. In what direction did Booth go after 
he left the theatre ? 

A. I did not see him. 

Q. Did you see him again between that 
time and 2 o'clock ? 

A. No, sir. 

Q. Have you any means of knowing wheth- 
er he was at the theatre again or not duriog 
that time ? 

A. No, sir. 

Q. Did Booth S€em to be in a hurry to 
complete this conversation, read the letter, 
and get away from the theatre ? 

A. No, sir. 

Q. When he learned the fact that the Pre- 
sident would be there that evening, did you 
notice any particular change in his manner 
or appearance? 

A. No, sir, he appeared the same as ever 
He sat on the step, opened his letter, and 
commenced to read it, looking up now and 
then and laughing. 

By Assistant Judge Advocate Bingh.^m : 

Q. Booth knew at noon that the President 
was to be there that evening ? 

A. Yes, sir. 

By Ml. Aiken : 

Q. At the time of his visit he learned that 
fact? 

A. Yes, sir. 

Q. Do yon recollect the name of the mes- 
senger from the White House? 

A. No, sir; I do not know his name. 

Q. You think, then, that Booth could not 
have been at the theatre during that visit 
more than half an hour altogether in read- 
ing that letter, and this conversation and 
everything ? 

A. He might have been more; lam not 
positive. I think it was about half an hour, 
though, from the time he came until I found 
that he had gone. When he came I went 
and spoke to him and then went into the box 
oflBce; and when I came out again, in about 
half an hour's time, he was gone. 

Q. Did this conversation take place in the 
vestibule of the theatre ? 

A. No, sir; it was out in front of the gal- 
lery steps, the first door below the ofiBce door. 

Q. On the sidewalk ? 

A. Yes, sir ; on the pavement. 

Q. Where was he when he read the letter ? 

A. He walked up and sat on the step of 
the main entrance door of the theatre, and 
read his letter. 

Q. Do you know of your own knowledge 
•who was with Booth at the tim'fe he got 
through reading the letter and went away ? 

A. There were men around there talking 
to him. Mr. Gilford was there, I think; and 
I think Mr. Evans and Mr. Grillot. 

Q. Is Mr. Evans an attache of the theatre ? 

A. Yes, sir, an actor there. 

By Assistant Judge Advocate Bingham : 



. Q. You say Booth knew at noon that the 
President was to be in that theatre that 
night? 
A. Yes, sir. 

Q. You did not tell him, and you do not 
know what he knew about it before? 
A. No, sir. 
By Mr. Aiken: 

Q. You siiid it would be impossible for any 
one to have known it before, unless they 
were from the Executive Mansion or had 
been at the theatre. 

A. Some one may have been at the thea- 
tre, and gone off and reported it between 
half-past ten and twelve o clock. 1 think it 
was about half past ten that the messenger 
came. 

Q. The fact was not made known by par- 
ties and the newspapers until the evening? 

A. No, sir, not until the Star came out. 

By Mr. Ewing : 

Q. Do you think that if there had been a 
hole in the wall in the little passage between 
the President's box and the wall, say four or 
five inches one way and two inchts the other 
that you would have noticed it that day? 

A. No, sir; I would have noticed it if it 
had stood out from the door, but the door 
being thrown back against the wall I would 
not notice it. The door was open, thrown 
back against the wall, on that day. If it 
came from the outside I would not notice it. 
if it came inside I certainly would have no- 
ticed it. 

Q. Is not that passage way pretty dark? 

A. Yes, sir. 

Q. Even when the door is open? 

A. Yes, sir. 

Q. Did you observe the side of the wall to 
the right as you went in? 

A. No, sir, I took no particular notice of 
it. 

Q. You might or might not have noticed 
it, then? 

Yes, sir. 

Q. If there had been an augur hole through 
the side of the door would you be likely to 
have seen that? 

No, sir, I do not think I would. 

Q. If one or both of the screws fastening 
the keeper of the lock of the door leading 
into the President's box had been loose, do 
you think you would have noticed that ? 

A. No, sir, I do not think I would have 
noticed that. 

Q. Was the door leading into the Presi- 
dent's box from that little passage open or 
shut when you went into the President's 
box? 

A. It was open. 

Q. Did it remain open? 

A. Yes, sir; I left it open when I came 
out. 

Q. Did you notice any paper pasted on the 
wall to the right of that little passage, as you 
entered it? 



48 



A. No, sir. 

Q. Would jou have been likely to notice 
it if it had been there? 

A. I do not think I would. 

By Mr. Aiken: 

Q. Were you acquainted with Mr. John 
H. Surratt? 

A. No, sir. 

Q. [Exhibiting to the witness the photo- 
graph of John H. Surratt] S:ate if you ever 
saw a gentleman about the theatre resem- 
bling that picture. 

A. I do not remember of any. I never 
saw that face that I know of; it is not fomil- 
iar to me at all. 

By Mr. Ewing : 

Q. Did you ever see the prisoner, Arnold, 
about the theatre? 

A. No, sir. 

Q. Or anywhere? 

A. No,' sir. 

By Assistant Judge Advocate Bingham : 

Q. You never saw him anywhere, in any 
place ? 

A. No, sir. 

Q. You do not know him? 

A. I do not know him. 

By the Court : 

Q. Do you not know that the intended 
visit of the President to the theatre was pub- 
lished in the morning papers on the 14th of 
April? 

A. No, sir. It was not published in the 
morning papers. 

By Mr Cox : 

Q. It was published in the Evening Star? 

A. Yes, sir. 

By the Court : 

Q. Did you state in the drinking saloon on 
Tenth street, during that day, that the Presi- 
dent was to be there in the evening ? 

A. Yes, sir, I might have stated so. 

Q. Then it was known before the Evening 
Star was published? 

A. Yes, sir, around the vicinity of the 
theatre. 

By Mr. Cox : 

Q. Was it announced that General Grant 
was to attend the theatre in company with 
the President? 

A. Yes, sir. 

William Withers, Jr. 
recalled for the accused, Edward Spangler. 

By Mr. Ewing: 

Q. In your previous examination you were 
unable to state definitely whether or not the 
door leading into the alley from the passage 
was shut when Booth rushed out. Can you 
now state definitely whether it was or not? 

A. Yes, sir, the door was shut. 

Q. Do you recollect that fact distinctly ? 

A. Yes, sir. After he made the spring, 
after he gave me the cut and knocked me 
down to the first entrance, 1 got a side view 
of him, and I saw that he made a plunge 



right at the door. The door was shut, but 
it opened very easily. I saw that distinctly. 
He made a rush at the knob of the door and 
out he went and pulled the door after him. 

Q. He shut it after him? 

A. Yes, sir; he swung it as he went out. 

By Assistfint Judge Advocate Bingham : 

Q. It opened very easily when Booth went 
out? 

A. It appeared so to me. 

By Mr. Aiken : 

Q. Were you at the theatre at twelve 
o'clock on that day ? 

A. I cannot recollect. I think 1 had a re- 
hearsal at ten o'clock on that day. There 
was not any music in the "American Cousin" 
that required my services, but I think I had 
a rehearsal with my whole orchestra for the 
song I had composed. 

Q. Did you or not see Booth there during 
the day ? 

A. No, sir. 

Q. You did not see him at all? 

A. No, sir. 

James R. Ford, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State what business you were engaged, 
in at the time of, and immediately preceding 
the assassination of the President. 

A. I was business manager of Ford's The- 
atre. 

Q. Will you state when you became ap- 
prised of the fact that the President intended 
to visit the theatre that night? 

A, At half-past ten on Friday morning. 

Q. How did you become apprised of the 
fact? 

A. The young man from the President's 
house that generally came for the box came 
on that occasion. 

Q. Do you know who he was? 

A. I do not know his name. 

Q. What business was he engaged in at 
the White House, do you know ? 

A. He was a runner. He had been to the 
theatre half a dozen times for the box. I do 
not know in what capacity you would call 
him. 

Q. Had the President been previously in- 
vited to the theatre for that night? 

A. No, sir. 

Q. State whether on that day, and if so, 
how soon after you received this information, 
you saw John WMlkes Booth. 

A. I saw John Wilkes Booth about half- 
past twelve on the same day — about two 
hours after I received the information. 

Q. Where did you see him ? 

A. At the corner of Tenth and E streets. 

Q. Where did he go ? 

A. He was going up E street, towards 
Eleventh street. 



49 



Q. Had he been at the theatre before ? I 

A. He was coming from towards the thea- 
tre. 1 was coming from the Treasury build- 
ing mj'self. 

Q. Had you any Icnowledge of the Presi- 
dent's intention to visit the theatre that night 
prior to the receipt of this message? 
A. No, sir. 

Q. Did you have anything to do with the 
decoration of the box that the President was 
to occupy, and if so, what ? 

A. No, sir ; I had nothing to do witK'it, 
Q. Did you not procure anything to deco- 
rate it with ? 

A. I procured the flags from the Treasury 
Department. 

Q. Were you able to get all the flags that 

you wished for the decoration of the theatre ? 

A. No, sir, I was not. I wished to procure 

a thirty-six feet flag which Captain Jones 

could not procure for me, he said. 

Q State whether, upon any occasion, you 
have had any conversation with Booth as to 
the purchase of lands, and if so, where? 

Assistant Judge Advocate Bingham. 1 ob- 
ject to the question. 

Mr. EwiNG. Testimony has already been 
admitted on that point. 

Assistant Judge Advocate Bingham. I 
know, but it is unimportant as to this man. 
There is no question about this man in the 
case. 

Mr. EwiNG. It is very important as to one 
of the prisoners. 

Assistant Judge Advocate Bingham. It 
cannot be important. This man cannot be 
evidence for any human being on that subject 
no matter what Booth said to him about it. 
I object to it on the ground that it is entirely 
incompetent, and has nothing in the world to 
do with the case. If this witness had been 
involved in it, I admit it might be asked with 
a view to exculpate him from any censure be- 
fore the public 

Mr. EwiNG. The Court will recollect that 
in Mr. Weichmann's testimony there was ev- 
idence introduced by the prosecution of an 
alleged interview between Dr. Mudd and 
Booth at the National Hotel, in the middle of 
January, which was introduced as a circum- 
stance showing his connectiou with the con- 
spiracy, which Booth is supposed to have 
then had on foot. The accused, Dr. Mudd, 
is represented to have stated that the conver- 
sation related to the purchase of his lands in 
Maryland. I wish to show by this witness 
that Booth spoke to him frequently, through 
the course of the winter, of his speculations 
— of his former speculations in oil lands, 
which are shown to have been actual specu- 
lations of the year before — and of his con- 
templating the investment of money in cheap 
lands in lower Maryland. The effect of the 
testimony is to show that the statement, 
which h;is been introduced against the ac- 
cused, Dr. Mudd, if it was made, was a bona 



fide st.<itement, and related to an actual pend- 
ing offer, or talk about the sale of his farm to 
Boiuh. 

Assistant Judge Advocate Bingham. The 
only way, if the Court f lease, in which they 
can do anything in regard to this matter of 
the declaration of Mudd, if it was made, 
(and, if it was not made, of course it does 
not concern anybody,) is simply to show by 
legitimate evidence that there was such a ne- 
gotiation going on between hiinself and 
Booth. The point I make is, that it is not 
legitimate evidence, or any evidence at all, to 
introduce a conversation between Booth and 
this witness at anoiher time and place, It is 
no evidence at all, it is not colorable evidence 
and the Court have nothing in the world to 
do with it. It is utterly impossible to ask the 
witness any conceivable question that would 
be more irrelevant or incompetent than the 
question that is now asked him. 

Mr. EvviNG. I will siate to the Court fur-- 
ther that it has already received testimony, 
as explanatory of the presence of Booth in 
Charles County, of his avowed object in go- 
ing there — testimony to which the Judge Ad- 
vocate made no objection, and which he must 
have then regarded as relevant. This testi- 
mony is clearly to that pjint of explanation 
of Booth's visit in lower Maryland, as well 
as an explanation of the alleged conversatioa 
with Mudd in January. 

Assistant Judge Advocate Bingham. The 
difference is thi^ : the defence attempted to 
prove negotiations in Charles county, and 
we thought we would not object to that ; but 
this is another thing altogether. It is an at- 
tempt to prove a talk irrespective of time or 
place, or anything else. 

The Commission sustained the objection. 

By Mr. Ewi.ng : 

Q. Do you know anything of the visit 
made by Booth into Charles county, last fall? 

A. He told me 



Assistant Judge Advccate Bingham object- 
ed to the witness giving the declarations of 
Booth. 

The Witness. I have never known Booth 
to go there. 

Q. [By Mr. Ewing.] Have you ever heard 
Booth say what the purpose of any visit which 
he may have made last fall to Charles county 
was ? 

Assistant Judge Advocate Bingham renew- 
ed his objection. 

The Commission sustained the object. 

Q. [By Mr. EwiNG.] Do you know Joha 
McCuUough, the actor? 

A. Yes, sir. 

Q. Do you know whether or not he was in 
the city of Washington on the 2d of April 
last. 

A. I do not. 

Q. Do you know where he was then? 

A. No, sir. 

By Mr. Cox : 



50 



Q. Did you send a notice of the President's 
intended visit that evening to the theatre to 
the Evening Star? 

A. Yes, sir. 

Q. Do you remember whether that notice 
announced that General Grant was to be there 
with him? 

A. Yes, sir. 

By Mr. Aiken : 

Q. At what time in the afternoon did you 
send that notice? 

A. I sent it about twelve o'clock in the 
morning, as near as I can recollect. 

By Assistant Judge Advocate Burnett : 

Q. In whose handwriting was thatnotice? 

A. In my handwriting. 

Q. Did you write it? 

A. Yes, sir. 

Q. About what time did the edition con- 
taining that notice first appear ? 

A. About two o'clock, I should think. 

By Mr. Aiken : 

Q. I understand you to say that you sent 
that notice to the Star office before you met 
Booth coming up E street towards Eleventh? 

A. Yes, sir. 

Q. Was any one in company with Booth ? 

A. No, sir. 

Q. Did you have any conversation with 
Booth that day ? 

A. I had no conversation with him ; I mere- 
ly spoke to him and asked — 

Assistant Judge Advocate Bingham. You 
need not state anything about it. 

Q. [By Mr. Aiken.] Did you know John 
H. Surratt ? 

A. No, sir. 

Q. [Exhibiting to the witness a photograph 
of John H. Surrat.] Did you see a person of 
that description about the theatre that day ? 

A. No, sir; I never remember seeing him. 

Q. At what thime did John McCoUough, 
the actor, leave the city ? 

A. He left when Mr. Forrest left. I believe 
that was the fourth week of January. 

Q. Was he to play an engagement with 
him? 

A. Yes, sir. 

Q. Did Mr. McCollough return to this city 
in company with Mr. Forrest, on the 1st of 
March ? 

A. He did, on Mr. Forrest's last engage- 
ment. I do not know what time that was. 

Q. Was it before the 1st of April ? 

A. I think it was. 

Q. On what night was it that they played 
the "Apostate?" 

A. It was on Saturday night. 

Q. Do you know of your own knowledge 
whether McCollough had left the city or not 
before the first of April ? 

A. I do not. 

Q. What time did Mr. Forrest leave? 

A. I do not recollect the time of his last 
engagement, but he left after his engagement 
was over. 



Q. Have you the means at the theatre of 
verifying the facts as to when Mr. Forrest 
and Mr. McCullough did leave? 

A. I have no means of verifying when Mr. 
Forrest left. 

By Assistant Judge Advocate Burnett: 

Q. Where did you write that notice? 
AVhere were you when you wrote it ? 

A. In the office. 

Q. In the ofhce that you ordinarily occupy? 

A. Yes, sir ; the ticket oflSce of the thea- 
tre. 

Q. Who was present ? 

A. There was no one present when I wrote 
that. 

Q. Had you any consultation with any one 
about sending the notice to the papers? 

A. I spoke to Mr. Phillips about it. 

Q. Who is Mr. Phillips? 

A. Mr. Phillips was an actor in our estab- 
lishment. 

Q. Did you speak to him first about it? 

A. I asked him to write me the notice. 

Q. Did he write the notice or decline? 

A. He said he would after he had done 
writing the regular advertisement. He was 
on the stage at the time. 

Q. Did you speak to any one else about it, 
or did any one speak to you ? 

A. I spoke to my younger brother about 
the propriety of writing it. 

Q. Did you speak to any one else? 

A. No, sir; not that I remember. 

Q. Had you seen Booth previous to the 
writing of that notice? 

A. No, sir. 

Q. At what time did you write the notice? 

A. Between half- past eleven and twelve 
o'clock, I should judge. 

Q. Did you send it immediately to the of- 
fice after writing it? 

A. I sent one to the Star immediately, and 
carried the other one to the National Repub- 
lican myself. 

J. L. Deeonay, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State where you were on the night of 
the 14th of April. 

A. I was at Mr. Ford's Theatre. 

Q. What business were j'ou engaged in 
there ? 

A. I was playing what is called "respon- 
sible utility" in the theatre. 

Q. State whether you knew of Booth's 
having rode up to the alley door and called 
for Spangler. 

A. Yes, sir ; he came to the alley door and 
called for Spangler ; he called me first ; but 
whether he came on a horse or not, I do not 
know. He said to me, "Tell Spangler to come 
to the door and hold my horse ;" I did no*^ 
see a horse, though. 



51 



Q. What did jou do? 

A. I went over to where Mr. Spangler was, 
on the left-hand side, at his post, and calleil" 
him from his post. Said I, "Mr. Booth wants 
you to hold his horse." He then went to the 
door, went outside, and was there about a 
minute, and Mr. Booth came in. He asked 
me if he could get across the stage. I told 
him no, the dairy scene was on, and that he 
would have to go under the stage, and co e 
up on the other side. About the time that 
he got upon the other side, Spangler called 
to me, "Tell Peanut John to come here and 
hold this horse; I have not time; Mr. Gif- 
ford is out in front of the theatre and all the 
responsibility of the scents lies on me." I 
went on the other side and called John, and 
John went there and held the horse, and 
Spangler came in and returned to his post 
again. 

Q. Did you see Spangler any more that 
evening? 

A. I did, three or four times that evening. 

Q. Where? 

A. On the stage. 

Q In his proper position ? 

A. Yes, sir. 

Q. At what times during the play? 

A. I could not say for certain what times. 
It was between and during the acts. 

Q. Did you see him about the time the shot 
was fired ? 

A. I saw him about two minutes before 
that, I think. 

Q. Where was he then? 

A. He was on the same side I was on — the 
same side as the President's box. 

Q. Did you see him after the shot was 
fired ? 

A. Yes, sir; about five minutes after- 
wards. 

Q. Where? 

A. Standing on the stage with a crowd of 
people. There was a big crowd collected on 
the stasre then. 

Q. What was he doing then? 

A. I did not take any notice of him at all. 

Q. Did you see Booth as he left ? 

A. 1 saw him when he made his exit. I 
was standing in the first entrance, left-hand 
side. When he came to the centre of the 
stage I saw that he had a long knife in his 
hand. It seemed to me to be a double-edged 
knife, and looked like a new one. He paused 
about a second, I should think, and then 
went off, the first entrance right-band side. 

Q. Did j'ou see anybody follow him soon? 

A. 1 think he had time to get out the back 
door before any person was on the stage. 

Assistant Judge Advocate Bingham. You 
need not state what you think; state what 
you saw. 

The Witness. I did not see the man get 
on the stage until he made his exit. 

Q. How long was it after he made his exit 
that you saw any man get on the stage ? 



A. I cannot say exactly ; I should say about 
two or three seconds. 

Q. After be had passed out? 

A. After he had got off the stage. 

Q. Who got on the stage first after Booth 
left? 

A. A tall, stout gentleman with gray 
clothes on. I think he had a moustache; I 
am not certain. 

Q. What did he do? 

A. He made the exit the same way Mr. 
Booth did. 

Q. Do you think Booth had time to get out 
of the theatre before this other man got on 
the stage ? 

A. I cannot say for certain. 

Q. State what you think about it. 

Assistant Jud:^e Advocafe Bingham ob- 
jected to the question, and it was waived. 

By Mr. Ewing : 

Q. How rapidly did Booth move as he 
passed out? 

A. He did not seem to run very fast. He 
seemed to be kind of stooping a little when 
he ran off. 

Q. Do you know the distance to the door 
leading into the alley ? 

A. From the " prompt place" to the door, 
I think, is about forty feet, I should say — 
very near, between thirty-five and forty feet. 

Q. How long do you think it was attar he 
went out the first entrance before this man 
got on the stage? 

A. I said about two or three seconds ; I 
think it was about two or three seconds. I 
will not be certain about it. I think it was 
two or three seconds, though. I know he 
was out of my sight before this gentleman 
was on the stage. 

Q. Do you think it was or was not long 
enough for Booth, moving at the rate he was 
going when you saw him, to get out of the 
back door before this man got upon the 
stage ? 

A. I do not know. 

Q. How long was it before this large man 
who jumped upon the stage followed Booth ? 

A. I do not know whether he followed him 
or not. He went out the same way Booth 
did. 

Q. How long was it after Booth went out 
before he went out? 

A. About two or three seconds. 

Q. Was he running faster than Booth, or 
not? 

A. He did not seem to run very fast. Be- 
tween the speed of the two, I think Booth 
was running the fastest. 

Q. By Mr. Aiken: 

Q. Where were you at 12 o'clock in the 
day on Friday, the 14th of April last? 

A. I think I was at the theatre, I am very 
sure I was ; because there was a rehearsal 
th?re — a rehearsal of " American Cousin." 

Q. Do you know J. Wilkes Booth, the 
I actor ? 



52 



A. Yes, sir. 

Q. Did you see him there at that time? 

A. I did not. 

James J. Giffokd, 

recalled for the accused, Edward Spangler. 

By Mr. Ewing : 

Q. Do you know anythincr of a horse and 
buspy belongrinsr to Booth having bec-u sold 
a week or so before the assassination ? 

A. 1 heard Mr. Booth tell Mr. Spangler to 
sell the horse and buggy on Monday even- 
ing, one week previous to the assassination — 
to take it down the Tattersall and sell it. 

Q. The Tattersall is a horse market in the 
city? 

A. Yes, sir. 

Q. Who sold the horse and buggy ? 

A. Mr. Spnngler, I presume. 

Q. Who receircd the money from the sale? 

A. Mr. Spangler brought the man up with 
him, and asked me to count the money and 
give him a receipt. Mr. Richard Ford wrote 
the receipt ; I took the money and handed it 
over to Booth. 

Q. Do you know Jacob Ritterspaugh, who 
■was a witness called yesterday ? 

A. 1 know a man that works at the theatre 
of that name ; I am not much acquainted with 
him. He was only there some four weeks. 

Q. State whether or not, since the assassi- 
nation and previotis to his release from Car- 
roll prison, he told you at the prison tbat the 
prisoner, Edwaid Spangler, directly after the 
assassination of the President in the theatre, 
hit him in the face with the back of his hand 
and said, "Don't fay which way he went." 

A. To the best of my knowledge, I never 
heard him say so. He asked me if he could 
amend the statement that he had made. He 
said he had not told all he knew, and he 
asked me if he could amend it. I told him 
certainly, but he ought to be particular and 
state the truth of what he knew. That is all 
the conversation we ever had regarding it. 
He told me he had made a misstatement, and 
had not told all he knew. 

Q. Did he say what he had omitted ? 

A. No, sir. 

Q. Did he say that Spangler bad slapped 
him on the face ? 

A. No, sir; not to me. 

Q. Did he say that Spangler had said, 
" Don't say which way he went ?" 

A. No, sir, not to my knowledge. 

Q Did he say anythine to (hat efFtct ? 

A. No, sir, nothingof that kind at all to me. 

Q. If he had said it you would likely have 
recollected it? 

A. 1 shoul.i reco'lect it, I think, from the 
short time that has elapsed, and my mind be- 
ing placed on the thing altogether. I have 
had nothing else to think about but this case 
since I have been in the Old Capitol. 

Q. You think you certainly would Lave 
recollected it if he had told you ? 



A. I think so. He seemed in a great deal 
i)f trouble about not making a full statement, 
and he ask^d me about it, and I told him c-'r- 
tainly they would allow him to correct any- 
thing he had done wrong. 

Q. Did he make any allusion to the points 
that he had omitted? 

A. No, sir, he did not — not to me. 

Q. State whose business it was at Ford's 
Theatre to see that the locks on the doors in 
and about the private boxes, if they became 
broken, were repaired. 

A. It was the business of the usher to in- 
form me of the fact, and for me to have them 
rejiaired. 

Q. State whether within your knowledge 
or information any repairing was done to any 
lock on the door leading into the box which 
the President occupied within six weeks or 
two months previous to the assassination. 

A. None to my knowledge since the lock 
has been i)nt on. 

Q. When was the lock put on ? 

A. We opened about August, and it was 
about the latter part of August or the first of 
September of the year before last. 

Q. State whether you know anytliing of 
the accused, Edward Spangler, being accus- 
tomed to crabbing and other fishing during 
the recesses of his engagement. 

A. 1 never saw him at it; but I have 
known him to tell me that he went crabbing 
— that he would go down to the Neck on Sat- 
urday night, and stay until Monday morn- 
ing, and come home on Monday morning. I 
have never seen him at it myself; but I know 
that is what he told me, and I have seen others 
who said the same thing — that they had been 
crabbing together. 

Q. [Exhibiting to the witness the rope.] 
Will you state whether that rope is such a 
one as might be used in that sport ? 

A. They have a line something of this sort, 
and small lines tied on to it about that dis- 
tance, [three feet,] with pieces of meat at- 
tached, and as they go along they trail it 
along. I have seen them at it, although I 
have never done anything at it myself. They 
pull up the crabs as they go along, and let 
the line go down, and dip them up out of the 
boat. 

Q. They have short lines attached to the 
long one? 

A. Yes, sir; short ones attached about 
three feet apart. That is the way I have seen 
them. 

Q. With hooks and bait? 

A. Yes, sir ; there is just a string on it, 
and the meat is lied to the end of the siring; 
the crab catches the end and they hook thera 
on, and raise this line and get the crab from 
under if. 

Q. Have you seen such ropes as that used 
in this sport? 

A. Yes, sir, I have seen some similar, and 
some sometimes a little larger. It is not par- 



53 



ticular about the size. There is no strain on 
the rope. 

By Assistant Judge Advocate Burnett: 

Q. At Ihe places where the.y go crab-fish- 
ing thev have lines there, have they not? 

A. Souietinies thej^ have on the shore, and 
sometimes persons carry them with them. 

Q. There have to be little lines attached to 
the large line? 

A. 'i es, sir. 

Q. And it requires considerable work to 
get the line into shape? 

A, Yes, sir; the}' have to take and stretch 
it all out and play it over the shore, and 
straigliten it all out. 

Q. They usually have them ready made? 

A. Sometimes the people on the shore have 
them, and sometimes peojjle going from Bal- 
timore tnke them with them. 

Q. That rope is not ready for doing any 
fishing now, is it? 

A. No, sir, it is not in condition. 

By Mr. Aiken : 

Q. Were you at the theatre at 12 o'clock 
on Friday, the 14th of April, when J. Wilkes 
Booth came there? 

A. I saw Mr. Booth pass between half-past 
eleven and twelve o'clock. I do not know 
exactly the moment. 

Q. Did you have any conversation with 
him? 

A. No, sir. I saw him go past the stage 
entrance and go to the front door. He bowed 
to me, but I did not have any conversation 
with him. 

Q. Were you standing on the sidewalk at 
that time? 

A. No, sir; I was standing in the alley 
gate, the entrance to the theatre. 

Q. Who else was there at that time? 

A. I think one of the Mr. Ford's wag at 
the front door. I am not certain, perhaps 
both of them. 

Q. Was Mr. Evans there? 

A . T did not see him. 

Q. Was Mr. Grillot there? 

A. He might have tieen standing in his 
door for all I know. I did not see him. I 
was standing inside the alley gate. 

Q. Did you hear any of the conversation 
going on at that time, if any, between Booth 
and the party with him ? 

A. No, sir ; I heard none at all. He came 
up by himself. 

Q. Do you what time it was that John 
McCullough left the city last? 

A. No, sir; I could not tell you. 

Q. Have you any means of finding out? 

A. T could tell you the lastnight he played 
if I was at the theatre, but I cannot tell you 
what time he left the city.l 

Cross-examined by Assistant Judge Advo- 
cate Bingham : 

Q. You say that Jacob told you he was 
greatly troubled because he had not made a 
full statement, and wanted to correct it? 



A. He (old me he was feared before; that 
he could not tell what he was doing, and he 
asked me if he could not make a correct state- 
ment, and I told him certainly. 

Q. Did you not also state a minute ago 
that he seemed to be in great trouble? 

A. lie seemed to be troubled about it. 

Q. How long ago was thet? 

A. I should judge it was about three weeks 
ago. 

Q. He was in prison, was he not? 

A. Yes, sir. 

Q. It was long before he testified here the 
other day. 

Yes, sir. 

Q. Is it more than three weeks since Jacob 
made that statement to you? 

A. It is fully three weeks. 

Q. It is not 'bur weeks? 

A. I do not know I am not certain of the 
time. 

Q. Do you remember his exact words when 
he made the statement ? 

A. He said he was scared so bad that he 
did not know what he was saying. 

Q. What other words did he use? 

A. I do not recollect— commonplace words. 

Q. Did you not swear a little while ago 
that he said he had not told all he knew? 

A. Yes, sir, I told you that. 

Q. I know j'ou told me that; but you do 
not seem to remember it. 

A. I thought you asked me for something 
else. 

Q. Now I want to know if you remember 
all the other words that he made use of when 
he made that statement? 

A. No, sir, I do not. 



JUNE 2 . 

Charles A. Boigi, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State whether you know the accused, 
Edward Spangler. 

A. Yes, sir, I know him; he has boarded 
at the same place I hoard at. 

Q. How long before the assassination did 
lie board at the place you were boarding at? 

A. I do not know; it has been a good 
while; five or six months I presume. 

Q. State whether or not he continued to 
board there after the assassination until his 
arrest. 

A. He did. 

Q. Did you see him at and about the house 
after the assassination, as usual ? 

A. Yes, sir ; just as usual. 

Q. Do you recollect the day of his final 
arrest ? 

A. No, sir, I do not. 



54 



Q. How long was it after the assassination 
before he was imprisoned ? 

A. They had him once or twice in the 
station-house, I believe. I do not recollect 
the date. 

Q. But it was some days after the assassi- 
nation before he left the boarding house, was 
it not? 

A. Yes, sir. 

John Goenther, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. Are you acquainted with the accused, 
Edward Spangler? 

A. Yes, sir, I am. 

Q. State whether or not you boarded with 
him previous to his arrest. 

A. He boarded in the same house. 

Q. How long had you boarded with him 
there ? 

A. I, have boarded there, off and on, the 
last three years 

Q. How long has he boarded there? 

A. To my certain knowledge, he has 
boarded there, off and on, for six or seven 
months, if not longer. I am not certain as 
to the time. 

Q. State whether or not, after the assassi- 
nation, and up to the time of his arrest, you 
saw him about the boarding house as usual. 

A. To my certain knowledge, I saw him, 
some two or three days after the assassina- 
tion, about the house. I will not be very 
certain about the time; but I think 1 saw him 
for two or three days. 

Q. Did you ever see him wear a moustache ? 

A. No, sir. 

Cross-examined by Assistant Judge Advo- 
cate Bingham : 

Q. What time of day did you see him 
about the house? 

A. I saw him in the mornings and even- 
ings, as 1 came from work. I work here in 
the arsenal, and generally take my dinner 
with me. 

Q. What days of the week did you see 
him ? 

A. I am not certain what days they were. 

Q. He did not sleep at that house? 

A. No, sir. 

Thomas J. Raybold, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing.- 

Q. How long have you lived in Washing- 
ton, and what has latterly been your employ- 
ment here? 

A. I have not lived permanently in Wash- 
ington. On the first Monday of December 
one year ago — the day Congress went in 
session — I recollect it well — 1 came to Wash 



ington for Mr. Ford. I was employed there 
rather to take charge of the house, see to all 
the front of the house, purchased everything 
that was purchased for the house. If the 
repair of anything was needed in the front of 
the house, it was done through my order. 
That was my business there, and in the 
absence of the Messrs. Ford, I was in the box 
ofiice at the theatre — sold the tickets. 

Q. State whether or not you know any- 
thing of any portion of the locks on the 
private boxes being broken; and if so, state 
what you know. 

A. I think it was during Mrs. Bowers's 
engagement in March — about the 'i'lh — Mr. 
Merrick, of the National Hotel, while I was 
at dinner that day, asked me to reserve him 
some seats in the orchestr/i for some company 
that night — three, I think. I did so. He 
did not come up to the time the first act was 
over. It is customary, after the fjrst act is 
over, for reserved seats which have not been 
occupied to be taken by any persons there 
wanting seats. That has been the general 
rule. He did not come up to the end of the 
first act, and those seats were occupied after 
the curtain fell at the end of the first act. 
Shortly after that he caixie in with his wife, 
Mr. Bunker's wife, and a gentleman from 
New York, with a lady. They sent to me in 
the front otfice, saying that Mr. Merrick was 
there and inquiring what did I do with those 
seats. I went in and saw that the usher had 
filled them. I then took him up stairs to a 
private box — box No. 6 — but it was locked 
and I could not get in it. I crossed over the 
lobby again to boxes 1 and 8, generally 
termed the President's box, and they were 
also locked. The house was pretty well filled, 
and, on going back, I could not find the 
keys. I had not the keys with me, and could 
not find where they were. I supposed the 
usher had them, because he has frequently 
left the theatre after the first act. I i)ut my 
shoulder against the door to force the door 
open. It did not give to that, and 1 raised 
and put my foot against it and gave it two 
or three kicks, and then it came open. That 
was the door to box 8, which is termed the 
President's box. I kicked that lock open on 
the evening of the 7th of March. There is 
another lock in the house to which I did the 
same thing when I could not find the key. 

Q. State whether that door led into the 
box which the President occupied at the time 
of the assassination. 

A. It did. That door led into the boxes 
which the President occupied — 7 and 8. Both 
doors led into the box. When he occupied 
it both 7 and 8 were thrown into one box by 
taking down the partition between them. On 
no other occasions was that done, except by 
request. Then by request we would take 
out the partition and throw the box into 
one. 

Q. When the two boxes were thrown to- 



55 



gether into one, -which door was used to 
enter the double box? 

A. AIwujs the door to No. 8— the one I 
burst open. 

Q. Do you know whether that was the door 
which was used on the night of the assassi- 
nation ? 

A. It was; the other one could not te 
used. 

Q. Do you know whether the lock was 
repaired after having been burst open? 

A. I do not. I never examined it after- 
wards. I snj^pose it would have been my 
place to report ii; but I never paid any 
attention at all to it afterwards — never 
thought of it, in fact, after that night. I 
frequently entered the box afterwards; always 
passed in without a key into the box, and 
never thought of having the lock fixed. 

Q. To whom would you have reported it for 
repairs ? 

A. To Mr. Gifford. 

Q. And you made no report of it to him? 

A. No, sir; I never said anything about 
that — never thought of it — in fact, never 
thought it worth while mentioning it. 

Q. State whether the locks were of any 
use? 

A. The locks were but used to keep persons 
out when the boxes were not engaged. I have 
had frequently to go and order persons out of 
the boxes when they were left open. That 
was merely why the locks were used. After 
persons entered the box this door was mostly 
always left open. I have known it on several 
occasions to be left open. 

Q. Can you say whether the door was 
locked at the time you burst it open? 

A. Yes, sir; I know it was locked. I tried 
the door and could not open it. I forced 
with my shoulder against it. It was securely 
f;istened. I stood from it with my back, and 
put mv foot against it, right close to the lock, 
and the door flew open. I never examined 
it after I did that to know what condition it 
was in. I never thought of it afterwards to 
examine it. 

Q. But you frequently entered the box 
afterwards? 

A. I did on two or three occasions after- 
wards enter it, I know. 

Q. And found no difficulty in entering it ? 

A. No difficulty at all. 

Q. No necessity for using a key? 

A. No. sir; there was no necessity for me 
to use a key after that: at legist, I never took 
one with me. The keys generally were in 
the office during the day. During the night 
they were in possession of the usher. 

Q. State whether you have any knowledge 
of Booth having occupied either of those 
boxes shortly before the assassination ? 

A. I cannot say precisely the time, but I 
think it was about two weeks prior to the 
14th of April that Mr. J. Wilkes Booth en- 
gaged the private box No. 4, and came to the 



office again in the afternoon; I was sitting in 
the vestibule at the time, and asked for an 
exchange of the box. I think the exchange 
was made and he took box No T, one of the 
boxes used for the President. That is the 
one in the door of which the hole was bored. 
I think Booth occupied that night box 7; 
but I cannot positively say it was that box, 
but I think it was. I know it was one of the 
two, either 7 or 8; but I cannot swear josi- 
tively whether it was box 7 or box 8. 

Q. It is the door leadiusr iulo box 1 that has 
the hole bored throught it ? 

A. Yes, sir. 

Q. State w helher there were any box-tick- 
ets sold at the theatre up to the time of the 
opening on the night of the assassination. 

A. To the best of my knowledge, there 
were not. I cannot say positively, for I do 
not know; but I know I sold none. I was 
not all the time in the office. I had been sick 
for three days with neuralgia, which 1 suffered 
from frequently, and I was not in the office all 
the time that day ; but T was in the office dur- 
ing that afternoon, and I was there also in the 
morning when the tickets were obtained for 
the President by his messenger, but I do not 
know whether there were any sold, nor wheth- 
er there were any applications made for them. 
Mr. Sessford is the best one to tell that ; he 
knows it, I suppose. 

Q. Would you have been likely to know if 
any of the tickets were sold ? 

A. Yes, sir ; I would have seen in counting 
the house at night. I counted the tickets at 
the usual time" ten o'clock, on the night of 
the assassination. 

Q. And you have no recolje tion of any of 
the box tickets having been sold? 

A. No recollection of it. 

Q. State at what hour the President en- 
gaged the seats ? 

A. Between ten and eleven o'clock in the 
forenoon, I think. 

Q. Had he been previously invited? 

A. Not to my knowledge. 

Q. Did you see the messenger ?. 

A. I did, and was talking to him. 

Q. State whether you saw anything of 
Booth that morning, after the President en- 
gaged the box ? 

A. I cannot say whether it was after the 
President engaged the box. or before it ; but 
I saw him that morning. He got a letter from 
out of the office that morning ; but I cannot 
say whether it was after the President's mes- 
senger was there, or prior to that. I know 
he got a letter. He generally came there every 
morning. His letters were directed to Mr. 
Ford's box in the Post Oflfice, and when Mr. 
Ford came from breakfast in the morning, he 
would bring all the letters there, and what 
belonged to the stage would he sent back, 
and his would be called for by him. 

Q. Did Booth get more than one letter that 
morning ? 



56 



A. Not to my knowledge. 

Q. State if you know any reason why the 
rocking-chair in which the President is said to 
have sat that night should have been in the 
position it was in. 

A. I placed it in the position it was in on 
two or other occasions when the President oc- 
cupied that bo.x, simjjly because, if it had 
been in any other position in the box, the 
rockers would have been in the waj'. When 
the partition was taken down it left a trian- 
gular corner, and the rockers went into that 
corner, at the left of the balustrade of the 
box. The rockers went into that corner, and 
were out of the way. I cannot say what 
other purpose there was; that was the only 
reason why I put it there. I put it there on 
two occasions when the President was there, 
or, at least, had it put there myself. 

Q. When was thai? 

A. Last season, while Mr. Hackett was 
playing. 

By Assistant Judge Advocate Bingham : 

Q. You mean last winter a year ago ? 

A. Yes, sir. It had not been used in there 
this last season up to this time, although the 
sofa and the other parts of the furniture had 
been. 

By Mr. Ewing : 

Q. State what you saw of Spangler, if any- 
thing, for several days after the assassination ? 

A. I never saw him after the assassination, 
or; at least, I cannot recollect seeing him af- 
terwards. I only know that he was arrested 
in the house on Saturday morning, the morn- 
ing afterwards, but I did not see him, to the 
best of my knowledge. 

Q. Was he not about the theatre that morn- 
ing? 

A. I cannot say. I do not know. I went 
home to Baltimore myself, where my family' 
reside, on Saturday night. I have always 
been in the habit of going there on Saturday 
night or Sunday morning. 

Q. When did you return ? 

A. I returned again on Monday morning. 

Q. The theatre was shut up when you re- 
turned ? 

A. It was. 

Q. [Exhibiting to the witness the coil of 
rope found in S[)angler's carpet bag.] Look 
at this rope and state whether you know of 
such ropes being used about the theatre? 

A. Yes, sir. I cannot swear that this is 
the rope, but we use such ropes as this. We 
used such ropes as this at the lime of the 
Treasury Guard's ball to stretch from the lob- 
Vjy to the wings to hang on it the colors of 
different nations. I cannot say that this is 
the rope, but this is the kind of rope we used. 

Q. Examine this rope and see whether it 
has probably been in use. 

A. I cannot say. I cannot swear to it. 

Q. Canyon not say whether it has been 
probably in use at all ? 

A. This rope has been in use. That I know 



from its appearance. It would have been 
lighter than this in color if it had not been 
used. Using ropes colors them. 

Q. Can you tell anything as to whether the 
rope has been used or not by its flexibility ? 

A. I cannot ; I have not sufficient acquaint- 
ance with ropes lo tell any ting of the kind. 
This is like the kind of rope we generally 
use in the flies — the rope we use for drawing 
up the diflerent borders — what are called bor- 
ders; that go across from one side of the wing 
to the other. It looks like a rope of that 
kind. This is a rope which has evidently 
been used from its color. 

John T. Ford, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State where you reside? 

A. In the city of Baltimore. 

Q. State whether or not you are the pro- 
prietor of Ford's Theatre in the city of Wash- 
ington ? 

A. lam. 

Q. State whether you are acquainted with 
the prisoner, Edward Spangler ? 

A. I am. 

Q. How long has he been in your employ? 

A. I think between three and four years at 
intervals ; but over two years continuously. 

Q. State W'hether or not you were in or 
about the theatre, or in this citj^, at the time 
of the assassination of President Lincoln. 

A. I was not. I was in the ciiy of Rich- 
mond on Friday, the day of the assassination ; 
I arrived there about two o'clock. 

Q. Were you acquainted with John Wilkes 
Booth ? 

A. I had known him since early childhood; 
I suppose since he was ten or eleven years of 
age; intimately for six or seven years. I 
saw him as a child frequently. 

Q. State whether you have ever heard Booth 
speak of Samuel K. Chester, and if so, in 
what connection and where ? 

Assistant Judge Advocate Bingham. I ob- 
ject to any proof about what he said in regard 
to Chester. 

Q. [By Mr. Ewing.] State whether or not 
Booth ever applied to you to employ Chester, 
who has been a witness for the prosecution, 
in jour theatre ? 

Assistant Judge Advocate Bingham. That 
I object to. It is certainly not competent to 
introduce declarations of Booth made to any- 
body in the absence of a witness that m^iy he 
called ; relative to a transaction of his, to 
aftVcl him in any way at all. 1 object to it as 
wholly incompetent. 

Mr. Ewing. It is not to attack Chester, 
may it please the Court, that 1 make this in- 
quiry, but rather to corroborate him ; to show 
that Booth, w hile manipulating Chester to in- 
duce him to go into a conspiracy for the cap- 



57- 



ture of the President, was actually at the 
same time endeavoring to induce Mr. Ford to 
employ Chester, iu order that he might get 
him here to the theatre and use him as an in- 
strument ; and it goes to affect the case of sev- 
eral prisoners at the bar ; the case of the pris- 
oner. Arnold, who in his confession, as or- 
ally detailed here, stated thnt the plan was to 
capture the President, and Chester corrobor- 
ates that; and also to assist the case of, the 
prisoner, ^^pangler, by showing that Booth 
was not able to get or did not get in the the- 
atre an\' instruments to assist him in t!ie pur- 
pose and was e'ndeavoring to get them brought 
there — men that he has previously manipula- 
ted. I think it is legitimate. 

Assistant Judge Advocate Bingham. Noth- 
ing can be clearer, if the Court please, than 
that it is utterly incompetent. It is not a 
simple question of relevancy here; it is ab- 
solute incompetency. A party who conspires 
to do a crime may approach the most upright 
man in the world with whom he has been, 
before the criminality was known to the 
world, on terms of intimacy, and whose po- 
sition in the world was such tha* he might 
be on terms of intimacy with reputable gen- 
tlemen. It is the misfortune of a man that 
is approached in that way ; it is not his crime, 
and it is not colorably his crime either. It 
does not follow now, because Booth chose to 
approach this man Chester, that Booth is 
therefore armed with the power, living or 
dead, to come into a court of justice and prove 
on his own motion, or on the motion of any- 
bodj' else, what he may have said touching 
that man to third persons. The law is too 
jealous of the reputation and character of 
men to permit any such dealings at all. 

The Commission sustained the objection. 

Q. [By Mr. Ewing.] State what were the 
duties of the accused, Edward Spangler, on 
the stage. 

A. Spangler was employed as a stage hand, 
frequently misrepresented as the stage-car- 
penter of the theatre. He was a laborer to 
assist in the shoving of scenery iuto its place, 
and removing it within the grooves as the 
necessity of the play required. These wei'e 
his duties at night, and during thedaj- to as- 
sist in doihg the rough carpenter work inci- 
dental to plays to be produced. 

Q. State wlielher or not his duties were 
such as to require his presence upon the stage 
during the whole of a play. 

A. Strictly so. His absence for a moment 
might imperil the success of a play, and cause 
dissatisfaction to the audienco. It is very 
important to the effect of a play that the 
scenery should be well attended to in all its 
changes ; and he is absolutely importint there 
every moment from the time the curtain rises 
until it falls. There are intervals, it is true, 
but he cannot judge how long or how brief a 
scene may be. 

Q. State whether his constant presence 



during the second scene of the third act of 
the "American Cousin" would be neces- 
sary. 

A. Ft would, unless he was positively in- 
formed of the duratiou of that scene. It is 
rather a long scene — longer perhaps than any 
other sceue in that act. 

Q. How is it with the fir^t scene of the third 
act ? 

A. It is quick — but a few moments. The 
other is eight, or ten, or probably twelve min- 
utes long. 

Q. How is it with the second act? 

A. The duration of a scene, I should say, 
depends very much on the action of the par- 
ties engaged in it — the spirit of the actors. 
Sometimes it is much more rapid than others. 
In the second act, I hardly think there is an 
interval between the time ijlien he would 
move the scenes of more than live or eight 
minutes — between those numbers, I should 
say . 

Q. His constant presence upon the stage, 
therefore, during the second act, throughout 
it, would be necessary 7 

A. Absolutely, if he attended to his duties. 

Q. What were his duties in the intervals 
between the scenes? 

A. To be p-epared for the next change; to 
be ready at his scene ; to remain on the side 
where the stage-carpenter had assigned him 
as his post of duty. Emergencies often arise 
during an act that require extra service of a 
stage. hand. 

Q. State who had the regulation and con- 
trol of the passage-way through which Booth 
escaped. 

A. The stage manager directs, the stage 
carpenter executes the work belonging to that 
part of the theatre and to the entire stage. 

Q. State who they were. 

A. John B Wright was the stage manager, 
James J. Gifford the stage carpenter. 

Q. Has not Gilford some subordinate who 
is charged with the duty of keeping the pas- 
sage-way in its proper condition ? 

A. None except his stage hands It is the 
duty of each and every one; it is as indis- 
pensable as keeping the front door clear. The 
action of the play would be ruined by any 
obstruction or incumbrance there. 

Q. The stage hands on which side of the 
theatre? 

A. Of course, on the side where this pas- 
sage is. 

Q That is the side opposite to the one on 
which Spangler worked ? 

A. I presumed you meant what we call the 
prompt side, the side on which the prompter 
is located, the chief passage of the theatre; 
Spangler worked or the other side. The 
stage carpenter's place was to be on this side, 
but we frequently do not require actual work 
by him ; he manages the scenery, but leaves 
it to the stage hands to work the scenes un- 
less there is a difficult play. His location is 



58 



near the stage manager, to receive his direc- 
tions and to be subordinate to him. 

Q. And the two are located on the stage, 
on the side opposite to that where the pris 
oner, Spangler, woriied upon? 

A. Directly opposite. They are on the 
prompt side; he on the 0. P. side — opposite 
the prompt place. 

Q. Then I understand that the prisoner, 
Spangler, would not be charged with the 
duty of keeping that passage-way in order? 
_ A. That was no duty of his, unless spe- 
cially assigned to him by the stage carpenter; 
he was subordinate entirely to the stage car- 
penter. 

Q. Now state whether or not that passage- 
way is generally obstructed in any way. 

A. It should never be obstructed. My posi- 
tive orders are iv keep it always clear and in 
the best order. It is the passage-way used 
by all the parties coming from the dressing- 
rooms. Where a play was performed like the 
"American Cousin" the ladies were in full 
dress, and it was absolutely accessary that 
there should be no obstruction there, in order 
that the play should be properly performed. 
Coming from the dressing-rooms and the 
green-room of the theatre every one had to 
use that passage. The other side of the stage 
was not used more than a third as much, 
probably. Most of the entrances by the actors 
and actresses are made on the prompt side; 
but many are essential to be made on the 0. 
P. side. By entrances to the stage, I mean to 
the presence of the audience. 

Q. Do you know whether as a matter of 
fact that passage-way was kept by the stage 
manager clear? 

A. The stage managf r was a very exacting 
man in all those details, and I have always 
found it clear, unless there was some spec- 
tacular play in which he required the whole 
spread of the stage. Then at times it would 
be partly encumbered, but not enough so to 
prevent the people going around the stage or 
going to the cellar-way and underneath and 
passing to the other side by way of the cellar. 

Q. Was the "American Cousin" such a 
spectacular play? 

A. No, it was a very plain play; no ob- 
struction whatever could be excused on ac- 
count of that play ; it was all what we call 
flats, except one scene ; the fiats are the large 
scenes that cross the stage. 

Q. Did you ever see the prisoner, Edward 
Spangler, wear a moustache? 

A. Never. 

Q. State his relations to Booth, as f^ir as 
you have known them to be together at all. 

A. He seemed to have a great admiration 
for Booth. I have noticed that, in my busi- 
ness on tlie stage with the stage manager. 
Booth was a peculiarly fascinating man, and 
controlled the lower class of people, such as 
Spangler belonged to, I suppose more than 
ordinary men would — a man who excelled in 
all manly sports. 



Q. Was Spangler at all in the employment 
of Booth? 

A . Not to my knowledge. 

Q. Was he in the habit of waiting upon 
him? 

A. I only heard so; I never knew, until 
after the assassination, that he had been so 
em))loyed. 

Q. State to the Court whether or not, from 
your knowledge of Booth, the leap from the 
box upon the stage would be a difficult one. 

A. By no means, I think. He excelled in 
everything of that kind. He h'^d a reputa- 
tion for being a great gymnast. He intro- 
duced, in some Shaksperian plays, some of 
the most extraordinary and outrageous leaps, 
deemed so by the critics and condemued by 
the press at the time. 

Q. Did you ever see him make any of those 
extraordinary leaps? 

A. I did on one occasion, and the Balti- 
more Sun condemued it in an editorial the 
next day — styled him the "gymnastic actor." 
It was in the play of JIacbeth, the entrance 
to the witch scene ; he jumped from a high 
rock down on the stage, as high or perhaps 
higher than the box ; I think about as high, 
nearly, as from the top of the scene. 

Q. You think, then, from your knowledge 
of the physical j)0wers of Booth, that that 
leap was one that he would not need to re- 
hearse ? 

A. I would not think a rehearsal of it was 
needed. He was a very bold, fearless man ; 
he always had the reputation of being of that 
character. I should not suppose any re- 
hearsal would be necessary'. We never re- 
hearse leaps in the theatre, even when they 
are necessary to the action of the play ; they 
maj^ be gone over the first time a play is per- 
formed, but it is not usual. 

Q Do you think that leap from the Presi- 
dent's box upon the stage would be at aU a 
difiBcult one for Booth? 

A. I should not think so ; I have seen him 
make a similar leap without any hesitation, 
and I am aware that he usually introduced it 
in the play of Macbeth, as I slated before. 

Q. Did he make the leap of which you 
speak with ease? 

A. Apparently; without any hesitation, at 
least ; no effect following it 

Q. State whether you have any knowledge 
as to Booth's frequenting Ford's Theatre. 

A. 1 seldom visited the theatre but what I 
found him about or near it, during the da_y, 
while I was there. I usually came down to 
the theatre three days a week, devoting the 
other three to my business in Baltimore, and 
being there between the hours of ten and 
three, 1 would nearly always meet Booth there 
wlien he was in the city. He had his letters 
directed to the theatre, and that was the cause 
of his frequent visits there, as I thought then. 

Q. During what period was that? 

A. Nearly the entire season; which com- 



59 



menced alioutthe 1st of September — say from 
the latter part of September up to the time I 
saw him last in Washington. 

Q. When was that last time jou saw him? 

A. Some two or three weeks before the as- 
sination. Just previous to the assassination 
my wife was in bad' healtli, and I was not 
down here as frequently as I had been before. 

Q. Can you State wliether or not you were 
here about the 2d of April ? 

A. I could not positively, without some 
reflection. It is hard to locate a dale precise- 
ly. J usually came down here on Mondays, 
Wednesdays, and Fridays, but sometimes it 
was on Tuesdays, Thursday, and Saturdays. 
I cannot say positive that 1 was here on the 
day named. 

Q. Do you know where the actor John Mc- 
CuUough was then ? 

A. In New York, or at least he ought to 
have been there. Mr. Forrest was acting there 
and he always appears in his plays. His last 
appearance at my theatre was the 18th of 
March ; that, I believe, was the night the 
Apostate was played, and his last service in 
the theatre. Mr. Forrest was within a week 
to appear in New York, and he accompanied 
him. 

Q. vState whether or not you know anything 
of the prisoner, Spangler, having been in the 
habit of going to Baltimore, and for what, 
during the spring. 

A. 1 know that he had lived in Baltimore 
and buried his wife there some eight or ten 
months, or probably a year ago, whilst in my 
employ, and that he considered Baltimore his 
home, and usually spent the summer months, 
during the vacation of the theatre, there, 
chiefly in crabbing and fishing. He was a 
great fisher and crabber. I know nothing 
positive of my own knowledge as to that. I 
only heard tliat, and we used to plague him 
about it. 

Q. [Exhibiting to witness the coil of rope 
found in a carpet bag at the house where 
Spangler toolv liis meals.] Look at that rope 
and see whether or not it might be used for 
any such purpose, and in what w:iy. 

A. I suppose that could be used as a crab 
line, though it is rather short for that purpose. 

Q. Explain to the Court how it could be 
used. 

A. I have seen them catch crabs witli a 
long rope, and with smaller ropes or lines ap- 
pended to it, which they fixed to it. The 
ropes are supported by buoys ; they spread 
them out to catch crabs. The professional 
crabbers use much longer ropes than this — 
those who make a business of it. 

Q. What length of rope have you seen used 
in that sport ? 

A, Four or five hundred feet. 

Q. Have you seen shorter ropes than that | 
used ? 

A. I have seen some as short used. I have 
read that the length of this is eighty feet, but 
I do not know from its appearance. 



Q. This is such a rope as you have seen 
used by amateurs in that sport? 

A. Yes, sir; I have seen such ropes. I 
frequently go fishing in the summer. 

Q. State to the Court what your object was 
in going to Richmond about the time of the 
assassination of the President of the United 
States. 

■ A. I had there an uncle, a very aged man, 
and a mother-in-law, the mother of my wife, 
and hearing of the partial destruction of Rich- 
mond by fire, I went there anxious to ascer- 
tain their condition. I arrived their on Fri- 
day. I did not hear of the assassination un- 
til Sunday night; and then I heard that Edwin 
Booth was charged with it. On Saturday 
morning my uncle, the only male blood rela- 
tive I found there, went up witli me to take 
the oath of allegiance. On Sunday I spent the 
day with him, and on Monday morning I start- 
ed for Baltimore and Washington by the six 
o'clock boat, and at the boat I first saw the 
Richmond Whig, which confirmed the report 
I had heard on Sunday night of the assassi- 
nation. I was in company, while at Rich- 
mond, with Col. Forney and others, confer- 
ring with them, at times, in regaid to people 
I had known there when I lived there for three 
or four years from 1850. 

Cross-examined by the Judge Advocate : 

Q. You do not mean to state to this Court 
that the prisoner, Spangler, intended to catch 
crabs with that rope which was shown to 
you? 

A. No, sir. 

Q. That rope could be used quite as well 
for other purposes as for catching crabs? 

A. Unquestionable. I have no doubt of 
that. 

Q. State whether or not the private boxes 
in your theatre, of which the President oc- 
cupied one, are ordinarially kept locked when 
not in actual use? 

A. I cannot state that positively. I did 
not spend a great many nights inWashington. 
In Baltimore we always keep the private box- 
es locked. 

Q. Who has the custody of those boxes 
during the day, when they are not actually 
occupied ? 

A. The stage carpenter, Mr. Gifford, had 
control of the whole theatre, and would be 
the responsible party I should blame for any- 
thing wrong about the boxes. 

Q. You cannot state therefore, whether 
they were locked or not ? 

A. No, sir. In Baltimore we keep them 
locked, and keep the keys in the box office 
where we sell the boxes to patrons. Here I 
understand tliat the ushers retained the keys. 

Q. Who was the usher in this building ? 

A. The cliief usher was James O'Brien, the 
usher of the dress circle and of the boxes on 
that tier. 

Q. Do you know who had for sale the tick- 
ets for those boxes that day ? 



eo 



A. Yes, sir ; the authorized parties were 
my two brothers, James R. and Henry Clay 
Ford. 

Q Do you know the fact that none of the 
boxes were occuiiied th^t night except that 
occupied by the President? 

A. [ have only heard so. 

Q. Is the play of the "American Cousin" 
a popular one? Does it attract considerable 
audiences ? 

A. It was, when originally produced, an 
exceedingly attractive play ; of late years it 
has not been a strong card, but a fair attrac- 
tion. 

Q. Is "it not a very unusual thing, when 
such plaj's are produced, for your private 
boxes to be entirely empty ? 

A. Washington is a very good place for 
selling boxes usually. They are generally in 
demand, and nearly always two or three box- 
es are sold. 

Q. Can you recall any occasion on which a 
play so popular and attractive as that was 
presented when none of your private boxes, 
save the one occupied by the President, was 
used? 

A. I remember occasions when we sold no 
boxes at all, and had quite a full house — a 
good audience; but those occasions were rare. 
My reason for constructing so miny boxes to 
this theatre was that usually private boxes 
were in demand in Washington more so than 
in almost any other citj'. It is not a favora- 
ble place to see a performance, but it is a fash- 
ionable place here to take company. 

Q. Did I understand you to say that from 
the charactpr of the two men, and their rela- 
tions to each other, as known to you, Booth 
would be likely to exert a large influence over 
the prisoner, Spangler ? 

A . I think he would, over men of that class 
that he came in contact with. 

Q. Either for good or evil, as it might chance 
to be ? 

A. Yes, sir. 

By the Coort : 

Q. State the size of the rope usually used as 
a crab -rope? 

A. I merely know the length of the rope I 
have seen here. 

Q. Give the dimensions of it, the width 
around, by the usual rule of measurement? 

A. I have rather a bad eye for size. I sup- 
pose this rope is nearly an inch round in cir- 
cumference. 

Q. Is it at least an inch ? 

A. I should think so. 

J. P. Ferguson 

recalled for the accused Edward Spangler. 

By Mr. Ewing : 

Q. State to the Court whether, directly af- 
ter the assassination of the President, you 
saw Mr. Stewart get upon the stage. 

A. I am not personally acquainted with Mr. 
Stewart ; do not know that I know the gen- 



tleman at all ; I saw a gentleman, the first 
one who got upon the stage after Booth passed 
off. He was a lari;e man, dressed in light 
clothes, with a moustache. I do not know 
whether it was Mr. Stewart or not. A mo- 
ment after he jumped on the stage. Miss Har- 
ris called, up in the President's box, for wa- 
ter. I saw that man turn around and look 
up towards the box at a soldier who was on 
guard there, running plump up. Some one 
halloed, "catch him." Laura Keene came in 
at the corner at the entrance right directly 
under where I sat, and she raised both hands 
and said, "We have got him," or "We will 
get him." By that time there were, I suppose 
half a dozen on the stage. I theu saw this 
large man run out by Laura Keene, at the 
side entrance, in the direction that Booth had 
taken. He was the first one to get on the 
stage 

Q. Could j'ou describe the color of his hair ? 

A. I could not. He was a. large man; I 
suppose as tall as I am, and heavier. He had 
on lisiht clothes, and a moustache. He was 
the first one that got on the stage. I should 
suppose it was probably two or three minutes 
— about that long — after Booth went off the 
stage that this man went out of the entrance. 

Q. Had you seen anybody else run out of 
the entrance? 

A. No person but Hawk, the young man 
who was on the stage at the time Sooth 
jumped froiu the box. 

Q. If any one had run out of the entrance, 
following Booth, would you probably have 
seen him? 

A. I would, because I thought it very sin- 
gular that those who were near the stage did 
not try to run and get on it. I know that if 
F had occupied the position some of them did, 
I would have got on the stage. I am not 
acquainted with Mr. Stewart, and would not 
know him now if I were to see him. 

By Assistant Judge Advocate Bingham: 

Q. You sat in the gallery all the time of 
this transaction? 

A. In the dress circle. 

Q. On which side of the dress circle did 
you sit, the north or the south side? 

A. I sat on the north side. 

Q. And the entrance that you were talking 
aljout, through which the parties passed, was 
on the north side of the stage, too? 

A. Yes, sir. 

Q. How near did you sit to the private 
boxes on the north side of the gallery ? 

A. I was very close to the private boxes. 

Q. Then you could not see the mouth of the 
entranr-e distiuct'y from where 3'ou sat? 

A. No, sir, not exactly from where I sat; 
T could not see it distinctly. I saw Laura 
Keene come on, and run in. 

Q. And you cannot say what persons 
passed between the various scenes into the 
general entrance at all ? 

A. There might have been such a thing. 



61 



Q. And jou caunot saj- anything about 
that? 

A. This large man was the first one that 
jumped on the stage. 

By Mr. Ewing : 

Q. Had the man any other -whisker beside 
a moustache? 

A. I do not think he had, but I Avill not 
be positive; he might have had. 

C. D. Hess, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State your business here in Washing- 
ton. 

A. I am the manager of Grover's Theatre. 

Q. Is that a theatre rival to Ford's? 

A. It is so considered. I believe. 

Q. State whether you were in the habit of 
seeing John Wilkes Booth during the last 
season before the assassination of the Presi- 
dent. 

A. Yes, sir, very frequently. 

Q. State whether he ever made any inquiry 
of you in regard to the President's attending 
your theatre. 

A. He did make such an inquiry. 

Q. When? 

A. 0,n the day before the assassination. 

Q. State the circumstances under which 
the inquiry was made. 

A. He came into the office some time du- 
ring the afternoon, I think, of Thursday, 
interrupted me and the prompter of the the- 
atre in reading a manuscript, seated himself 
in a chair and entered into conversation on 
the subject of the illumination. There was 
to be a general illumination of the city on 
Thursday night, and he asked me if I in- 
tended to illuminate. I told him yes, I would 
illuminate to a certain extent that night, but 
that the next night would be my great night 
of the illumination, that being the celebration 
of the fall of Sumter. He asked me the 
question — my impression is his words were, 
"Do you intend" or "Are you going to in- 
vite the President?" I think my refily was, 
"Yes; that reminds me I must send that 
invitation." I had had it in my mind for 
several days to invite the Presidential party 
down on that night — on the night of the 14lh. 

Q. Did you invite the President? 
A. I sent Mrs. Lincoln an invitation. My 
notes were usually addressed to her as the 
best means of accomplishing the object. 
Q. Of getting the President there? 
A. Yes, sir. 

Q. That was on what day ? 
A. On Thursday — the day before the assas- 
sination. 

Q. And the invitation was for that night? 
A. For the following night, the night of 
the assassination. 

Q. Was there anything marked in Booth's 
manner in making this inquiry of you? 



A. It struck me as rather peculiar, his 
entering in the manner that he did; he must 
have observed that we were busy, and it was 
not usual for him to come in and take a seat 
unless he was invited. He did upon that 
occasion, and made such a point of it that we 
were both considerably s\irprised. He pushed 
the matter so far that I got up and put the 
manuscript away and entered into conversa- 
tion with him. 

Q. Did he or did he not, on any occasion 
before that, solicit you to invite the Presi- 
dent? 

A. Not to my recollection. 

Q. Were you in the habit of seeing him 
frequently ? 

A. Very frequently. 

Q. State whether or not it is customary in 
theatres to keep the passage-way between the 
scenes and the green-room and the dressing 
room clear. 

A. Yes, sir, that is a point of excellence in 
a stage carpenter. If he keeps a clean stage 
and his scenes well put away, the passages as 
clear as possible, we look upon him as a 
careful man. It depends entirely on how 
much room they have, however, for storing 
scenes. 

Q. What is usually the width of the 
passage-way between the scenes and those 
rooms ? 

A. I do not know of any two theatres in 
the country alike in that respect. It depends 
entirel}' on the construction of the building. 

Would you consider three and a half feet a 
wide or a narrow passage? 

A. I should consider it rather narrow. 

Q. Would it or not be more necessary to 
keep it clear if the passage-way were nar- 
row ? 

A. Decidedly so. 

Q. You have been in Ford's Theatre? 

A. Yes, sir; I have been in the theatre. 

Q. You know about the height of the 
second tier of boxes from the stage? 

A. Yes, sir; I do from general observation 
only. 

Q. Would you consider the leap from the 
second tier of boxes to the stage an extraor- 
dinary or difficult one? 

A. From my present recollection I should 
say not very difficult. 

"Q. Slate what box the Presinent was in 
the habit of occupying when he attended 
your theatre. 

A. We have two communicating boxes on 
the right hand side of the theatre, on the 
stage floor, the lower floor — 

Assistant Judge Advocate Bingham. We 
do not care anything about inquiring into 
the condition of Grover's Theatre here. It is 
only a waste of time. 

.Mr. Ewing. More time is wasted by object- 
ing to it. I must insist on the question. 

Assistant Judge Advocate Binguam. I ob- 
ject to it because it has nothing to do with 



62 



the issue. We have introduced no evidence 
here touching any transaction in Grover's 
Theatre. It is Ford's Tlieatre that is before 
this Court. He purposes to go into a minute 
inquiry, I suppose, of all about Grover's The- 
atre, and how it is built, how its stage is 
constructed, its scenes, boxes, its avenues of 
approach, &c. I do not want to be delayed 
here with any such inquiry. I do not care 
anything about the structure of that build- 
ing. 

Mr. EwiNG. I wish no very minute inquiry 
in regard to Grover's Theatre; I merely wish 
to show the Court that from the consfruction 
of Ford's Theatre, it would be easier tor a 
man who sought to assassinate the President 
to escape after having committed the crime 
than it would be to escape from Grover's 
Theatre, had he committed the crime there. 
The purpose of it is very plain, to show why 
Ford's Theatre was selected by Booth, why 
Ford's Theatre is spoken of as having been 
the one where Booth intended to capture or 
assassinate the President, for the purpose of 
relieving the employees of Ford's Theatre, 
and Mr. Spangler among them, from the im- 
putation which naturally arises from the fact 
that Booth had selected that theatre as the one 
at which he intended to commit the crime. 

Assistant Judge Advocate Bincjham. It is 
very apparent that nobody can be responsible 
for any act of Booth, uolcss by his own vol- 
untary act he assented to it; and the intro- 
duction of proof, therefore, about Grover's 
Theatre can neither excuse nor tend to excuse 
any man connected with Ford's Theatre for 
any act of his; and unless we prove the act 
of somebody at Ford's Theatre, they are not 
responsible for it, of course. But the attempt 
here is to prove the structure of Grover's 
Theatre, and that it is not as well adapted to 
assassination as Ford's; that is about the 
amount of it. I do not want to be delayed 
here with any inquiries about Grover's Thea- 
tre. 

The President. I do not think the Court 
need vote on that if the Judge Advocate 
objects to it. The question is evidently im- 
proper and the Court so decides. 

Mr. EwiNG. I ask for a decision by the 
Commission. 

The Commission sustained the objection. 

Henry M. James, 

witness called for the accused, Edward Spang- 
ler, being duly sworn, testified as follows : 

By Mr. Ewing : 

Q. State whether you are acquainted with 
the prisoner Edward Spangler. 

A. Yes, sir ; I have been for a short time. 

Q. Were you in Ford's Theatre when the 
President was assassinated ? 

A. I was. 

Q. State your position and the position of 
Edward Spangler, if you know what it was, 
at that time. 



A. I was standing ready to draw off the 
flat, and Mr. Spangler was standing right 
opposite to me on the stage at the time it hap- 
pened. 

Q. You heard the shot fired? 

A. Yes, sir. 

Q. From the position you were in, you 
could not then see the President's box ? 

A. I could not. There was a flat between 
me and the President. 

Q. From the position Spangler was in, could 
he see it ? 

A. No, sir. 

Q. Could he see the front part of the stage 
on which Booth jumped? 

A. No, sir. He was standing behind the 
scene. 

Q. On which side of the centre of the stage ? 
— on the side towards that on which the Pres- 
ident's box was ? 

\.. Mr. Spangler was on the side towards 
the President's box. 

Q. And was he in position to draw off the 
flat on the side opposite to you ? 

A. Yes, sir. He was standing right close 
alongside of it. 

Q. Did you see any one standing by him ? 

A. I did not. 

Q. When the shot was fired, did you see 
what he did ? 

A. 1 did not. 

Q. Did you notice whether he moved away 
or remained ? 

A. I did not. 

Q. What did you do yourself? 

A. I hardly know what I did. I did as 
the rest of them did, looked around. I was 
excited at the time. 1 did not go anywhere. 
I just stayed where I was at, standing right 
behind the curtain. 

Q. Plow far was Spangler from you ? 

A. I judge he was about ten feet. I do not 
know exactly, but I judge about that. 

Q. Vv'hich was nearer to the door out of 
which Booth ran — you or Spangler ? 

A. ] was nearest to it, I judge. 

Q. How much nearer ? 

A. I cannot say. There was but very lit- 
tle difference. 

Q. Did you see anybody near Spangler at 
that, time? 

A. I did not. 

Q. Had you seen him previously during the 
play ? 
' A. I had often seen him every time there 
was anything to do there; I did not notice 
him any other time, only when the scenes had 
to be changed I saw him there at his post. 

Q. What was the condition of the passage- 
way at that time ; was it clear ? 

A. Yes, sir ; it was clear. 

Q. How should it have been ? 

A. It should have been kept clear ; that was 
our place to keep it clear ; that is what we 
were there for. 



63 



Q. Whose business was it particularly to ' 
see that it was clear ? 

A. It was mine and Spangler's to keep the 
passage clear. 

Q. Was it more your business than Spang- 
ler's? 

A. It was more Spangler's business. 

Q. Was not ihe passage on your side? 

A. Yes, sir. 

Q. And it was part of your business to 
keep it clear ? 

A. It was part of my business to keep it 
clear. 

Q. Did you see Spangler when the Presi- 
dent entered the theatre? 

A. I saw him standing on the opposite side 
from me when the President entered. 

Q. Did you see him at the time of the ap- 
plause which followed the President's entry 
occurred ? 

A. I did ; and he applauded with them. 

Q. How? 

A. Loud, with his hands and feet both ; 
clapped his hands and stamped his feet ; seem- 
ed as pleased as anybody to see the Presiden t 
come in. 

Q. Did you see anything of Jacob Ritter- 
spaugh near Spangler that night? 

A. I did not. He might have been there 
behind some of the scenes ; I did not notice 
him. 

Q. He was not out of your view ? 

A. No, sir; not at the time it happened. 

Q. How long did you stay where you were 
after it happened ? 

A. I do not recollect. I might have stood 
there half a minute — maybe a minute — lean- 
not say, in the excitement. 

Q. Did you hear Spangler say anything at 
that time? 

A. I did not. I did not see Spangler after 
it happened at all. 

Q. Did he go away? 

A. I do not know. 

By Assistant Judge Advocate Bingham : 

Q. Jacob Ritterspaugh, you say, might 
have been there behind the scenes, and you 
not have seen him ? 

A. He might have been. 

Q. He was employed there at the time ? 

A. Yes, sir. 

Q. It was his business to be there ? 

A. Yes, sir. 

By Mr. Ewing : 

Q. His business to be where? 

A. Behind the scenes. 

Thomas J. R.wbold, 
recalled for ths accused, Edward Spangler. 

By Mr. Ewing : 

Q. Have you since you were upon the stand 
to-day visited Ford's theatre ? 

A. I have. 

Q. Have you examined the keepers of the 
locks of boxes 7 and 8 ? 

A. Yes, sir. 



Q. State the condition in which you found 
the locks of those boxes. 

A. Box 8 — the box that I this morning tes- 
tified to forcing — is in the condition that I 
stated. It has been forced, and the wood has 
been split by forcing the lock. Box T has 
been forced, and you can take the screws out 
with your finger and push it in and out. — 
Both have been forced, but I was not aware 
of it. I knew nothing about them, except 
the one I testified to, until I saw them there 
now. 

Q. Did you ascertain the condition of the 
screws in the keeper in box 8? 

A. Only from what I saw when I was there 
to-day. The screw in the keeper of box 8 is 
tight ; the keeper has been drawn around, and 
you have to twist it to get it around. But in 
the other box the keeper has been forced, and 
the upper screw can be drawn out without 
any difficulty ; you can put your thumb 
against it and push it to the full extent of the 
screw. 

Q. But the wood into which the screws of 
the keeper of box 8 were screwed is split? 

A. Yes, sir, that is split ; the screw is not 
drawn ; Ihe keeper is forced aside— a thing 
that would be done b}' force. It is forced 
aside, it is not completly pushed out. 

Q. Could you say, from your examination, 
\s hether or not that had been done by any in- 
strument ? 

A. I cannot fay as to an instrument. It 
must have been done by force ; I know that 
one was, and the other has every appearance 
of it. 

Q. By force applied to the outside of the 
doors ? 

A. Yes, sir. 

By Assistant Judge Advocate Bingham : 

Q. You say the wood in box 1 is not split? 

A. Not a particle. 

Q. What is the reason you say it has every 
appearance of having been forced from the 
outside? 

A. If a screw was drawn by a screw-dri- 
ver, when it went back again it would have to 
be put back by a driver ; but when force has 
been used you can put it in or out. 

Q. If an instrument had been used, would it 
not probably haveleft itso that it would work 
just as it does work? 

A. Yes, sir, anybody could draw a .screw 
out and put anything else in ; but then it 
would make a hole much larger. 

By Mr. Ewixg : 

Q. In forcing the lock, if the screws were 
forced out straight, they would tear the wood 
would it not? 

A. Yes, sir. 

Q. It would enlarge the hole ? 

A. They would not be so apt to come all 
the way out ; you could pull them out, but 
they would still be fast. 

By Mr. Aiken : 

Q. Did you know John H. Surratt? 



64 



A. No, sir ; I do not know any of them 
[pointing to tlie prisoners] except Spanfrler ; 
he is the only one of them I ever saw, that I 
know of, except one, whoni 1 Itnew when he 
was quite a boy. 

Joseph T. K. Plant, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State your residence and occupation. 

A. My occuinition is that of a dealer in 
furniture at [iresent. My trade is that of a 
paper-hanger. My residence is 350 D street, 
between Ninth and Tenth streets, in Wash- 
ington. 

Q. Have you been engaged, at any time, 
in cabinet work ? 

A. Ever since I was about fourteen years 
old, more or less. 

Q. State whether or not you have visited 
Ford's Theatre to-day. 

A. I iiave. 

Q. State whether you examined the keepers 
of the locks on any of the private boxes; if 
so, what ones, and what condition you found 
them in. 

A. T examined the keepers on boxes *I and 
8. To all appearances they had both been 
forced. The woodwork in box 8 is shivered 
and splintered by the screws. In box 7 I 
could pull the screw with my thumb and 
finger; the tap was gone clear to the point. 
I could force it back with my thumb. In 
box 4, which is directly under box 8, the 
keeper is gone entirely. 

Q. State whether or not, according to your 
professional opinion, the keepers of the locks 
in boxes 7 and 8 were made loose by an in- 
strument or by force applied to the outside 
of the doors. 

A. I should judge by force. 

Q. Is there any appearance of an instru- 
ment having been used to draw the screws in 
either of those boxes ? 

A. I could see no such evidence. 

Q. You say the wood into which the 
screws of box 8 go is splintered? 

A. Yes, sir. 

Q. Apparently by pressure from without 
against the door? 

A.. I should so suppose. According to my 
judgment, it was done by that means. 

Q. State whether you noticed a hole in the 
wall in the passage which leads behind the 
boxes 

A. Yes, sir. 

Q. State whether that hole has any ap- 
pearance of having been covered? 

A. It certainly has been covered with a 
piece of something, I could not say what, 
because there has been no remnant of it left. 

Q. How large a piece? 

A. I did not charge my memory exactly 
■with that, but I should suppose about five by 



seven and a half or eight inches in size, an 
oblong piece. 

Q. Did you notice a hole in the door of 
either of those two boxes ? 

A. There is a hole in the door of box 7. 

Q. What sized hole? 

A. A little more than a quarter of an inch 
in diameter. It is larger on the outside, I 
think, than it is on the inside, a sort of 
wedge-shaped. 

Q. Could you tell how that had been 
made ? 

A. I should judge it was made with some 
instrument. One part of it felt to me as if 
shaved b^' a knife. 

Q. Which side was that? 

A. At the right hand of the door and at 
the bottom of the hole, on the outside of the 
moulding. 

Q. Did any part of it look as if it had been 
made by a gimlet? 

That is a hard question to answer. There 
is one part of tiie hole, to the left, which feels 
rough, as if cut by a gimlet, or caused by the 
working of a gimlet after the hole was bored; 
but the lower part of it, on the right hand 
side, appears to have been trimmed by a pen- 
knife, or some sharp instrument of that kind. 

Q. Do you think, then, a gimlet was used 
in making the hole? 

A. Something of that sort, or it might 
have been made by a penknife, and the 
roughness might have been caused by the 
back of the knife. 

Joseph S. Sessford, 

a witness called for the accused, Edward 
Spangler, being duly sworn, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State the business you were employed 
in on the 14th of April last? 

A. I was ticket seller at Ford's Theatre. 

Q. How long were you at the ticket office, 
during the day or night? 

A. My business commenced at about half 
past six o'clock in the evening. 

Q State whether any of the private boxes, 
except those occupied by the party of the 
President, were applied for during that even- 
ing? 

A. No, sir. 

Q. Had any of the tickets for those boxes 
been sold during the day ? 

A. I think not. 

L. A. GOBRIGHT, 

a witness called for the accused, Edward 
Spangler, being dul}' affirmed, testified as fol- 
lows : 

By Mr. Ewing : 

Q. State in what business you have been 
engaged in Washington city for the past six 
or eight months? 

A. My business is connected with the press. 



65 



My profession is that of a journalist, a reporter, 
and telegraphic correspondent. 

Q. Of the Associated Press? 

A. Yes, sir. 

Q. Will 3on state whether you were at 
Ford's TLeatre after the assassination of the 
President on Friday night, the 14th of April? 

A. I was. 

Q. What did you learn there as to who 
was the assassin? Did you learn poiilively 
who it was? 

A. I heard some persons say positivel}' 
that it was Wilkes Booth; -iind oihers said 
that they knew Wilkes Booiii, but the man 
who jumped upon the btage and made his 
exit differed somewhat in ajipearance from 
Wilkes Booth. There did not seem to be 
any certainty, so far as I could ascertain at 
that time. 

Q. How long was that after the assassi- 
nation? 

A. I was informed of the assassination, 1 
suppose, about twenty minutes to eleven 
o'clock, and I arrived at the theatre at five 
minutes to eleven that night. 

Q. ytate whether you became certain that 
night who it was that had killed the Presi- 
dent? 

A. I was not pofitively satisfied on that 
occasion, during that visit which I made to 
the theatie, in my own mind, who was the 
assassin. 

Cross-examined by Assistant Judge Advo- 
cate Bingham : 

Q. You did become satisfied during that 
night that Wilkes Booth had killed the Pres- 
ident? 

A. I was not perfectly satisfied of that fact. 

Q. Bui during the night you were? 

A. Not thoroughly satisfied. 

Q. You were so satisfied that night anyhow 
that you came to the conclusion that Wilkes 
Booih was probably the man, and so tele- 
graphed to the country? 

A. I did not telegraph that fact. 

Q. It was telegraphed ? 

A. It was telegraphed that night; I could 
tell by whom if neces-ary. 

Q. You came to the conclusion very sud- 
denly next morning that Wilkes Booth was 
the man ? 

A. After I saw the official bulletin the 
next morning. j 

JUNE 13. I 

J. L. Debonay, I 

' 1 

was recalled for the accused, Edward Spang- i 
ler. j 

By Mr. Ewing : j 

Q State to the Court again where you were 
standing when the shot was fired in the the- 
atre on the night of the 14lh of April. 

A. I was standing on the left-hand side, 
first entrance. 



Q. You mean the side the President's box 
was on ? 

A. Yes, sir. 

Q. How long was it, after vou saw Mr. 
Stewart run out after Booth, bf-fore < ou saw 
the accused, Edward Spangler ; and where 
did you see him, and what did you see him 
do? 

A. The first time I saw him, he was mov- 
ing his scene, I tljink. They shoved ih" scene 
baek to give the whole of the stage to the 
jieople who came on. 1 do not know who as- 
sisted him. 

Q How long was that after Mr. Stewart 
had left the stage ? 

A. I guess it was about a minute and a half 
or two minutes. 

Q. Whs it long enough for Mr. Stewart to 
have got out ot the liack dnor? 

A I think he had just about time to get to 
the back door before Uiey shoved the scenes. 

Q. What did Si)angler do then? 

A. He came in front on the stage, with the 
rest There was a cry lor water, and I start- 
ed to the green room, md he started the same 
way. About half a dozen of us vvent to get 
some water to carry it to the private box. 

Q. How far did Spangler go after the wa- 
ter? Did he go into tlie green-room ? 

A. We a'l went into the green-room ; about 
a half a dozen of us went into tlie green loom. 
By that time the stage was full of people. 

Q Did you see anything of .Mr. Sleickman 
when Booth said he waulid Spongier to hold 
his horse and you went over for Sji.-ingler? 

A. 'I'hey weie both standing at the same 
place, very n^ar, close to each other, on the 
opposite s.de cf the stage. 

Q. That i- on the left hand siueof the sta^e 
looking to the audier.ce? 

A. Yfs, sir ; and the same side that the 
President's box was on. 

Q. Did Mr. RUickman go over to the door? 

A. 1 did nof see him go over tliere. 

Did you see S[iangler go over ? 

A. Yes, sir; because! went light behind 
hin., pretty close. 

Q. Did you see Spangler go out of the 
door? 

A. Yes, sir. 

Q. Did vou see Booth then come in ? 

A. I did. 

Q. How long was it after Spangler went 
out before Booth came in? 

A. About a minute, oraminnte and a half 
— not longer than that. 

Q. How far were yu from the door ? 

A. I was about halfway i)etween ihe back 
door and the green-room — about eighteen or 
twenty feet, 1 sujipose. 

Q. Did you hear any conversation between 
Spangler and Booth? 

A. I did not. 

Q. Did you hear anything fo indicate that 
there was conversation going on between 
them ? 



66 



A. No, sir. I 

Q. Did Bootli meet Spangler inside of the ! 
door? I 

A. He was standin^r at the door ; lie was 
on the outside. The door was about half open | 
when Spangler went out. I 

Q. Would you have seen any person who | 
followed Spangler, and went out, too? I 

A. Yes, sir ; I think I should have seen any i 
one. I 

Q. And you did not see Sleickman? | 

A. I did not. 

Q. When Booth came in, what did he do ? j 

A. He went under the stage to the opposite '< 
side, and he went out the side door. j 

Q. How do you know that he went out the 
side door? 

A. Because I went under the stage and 
crossed to the opposite side myself. 

Q. Didyou go under with Booth? 

A. Yes, sir, I went under with him. 

Q. And he went out of the side-door? 

A. Yes. 

Q. Did he have any conversation with any 
one ? 

A. Not to m}' knowledge. I did not see 
him speak to any person. 

Q. Were you on the pavement in front of 
the theatre shortly before the assassination ? 

A. I was on the pavement about five min- 
utes before it occurred. 

Q. Did you see Spangler in front there ? 

A. I did not. 

Q. Did you ever see Spangler at any time 
wear a moustache ? 

A. I have seen him wear a kind of rough 
whiskers, or rather unshaved. I never no- 
ticed particularly about a moustache. 

Q. Did you ever see him wear a heavy 
moustache ? 

A. No, sir, I never did see him wear a heavy 
moustache while I was there, and that was 
about six months. 

Q. You knew Spangler well ? 

A. Yes, sir. 

Q. Was he a man who would likely to be 
entrusted with the secrets of others? 

A. I do not know. I cannot tell. He is a 
man that was a little dissipated a big portion 
of the time, fond of spreeiug around, and I 
should not think a person would be likely to 
trust him. 

Q. How was he when in liquor? Was he 
inclined to be recreative or to talk much ? 

A. He was free in conversation, like a great 
many other persons, very free in talking. 

Cross-examined by Assistant Judge Advo- 
cate Bingham : 

Q. You say that Booth went out at the side- 
door after passing under the stage ? 

A. Yes, sir. 

Q. Do you meau that he went through the 
side-passage, level with the lower floor of the 
theatre, into Tenth street? 

A. Yes, sir. 

Q. And you followed him through ? 



A. No, I did not follow him out there. 
Q. How do \ ou know he went out? 
A. He went out the side-door ; that is the 
passage. 

Q. What became of him? Where did he 
go to? 

A. I do not know. 

Q. Where did he go to when he went out 
the side- door ? 

A. He must have gone out into Tenth street; 
that is the only w^y the passage leads. 

Q. Could he not have gone from that same 
side-door out of which he passed, up to the 
rooms occupied by Ford? 

A. Yes, sir, he could have gone up -vthere, 
because there is a passage-way that leads up 
into Ford's room. 

Q. You said you went out that way your- 
self T 

A. No, I said I came up under the stage. 

Q. But you said that you went out your- 
self by the side-door ? 

A. 1 was asked if I was in front of the 
theatre, and I said I was. 

Q. Did 30U not say that yoii were in front 
of the theatre about five minutes before the 
President was shot? 

A. Yes, sir. 

Q. Did you not saj' that you got there by 
the side-door? 

A. That is the way I went through. 

Q. You went through by the side-door, 
along the little passage that is outside of the 
wall of the theatre, and out of the little nar- 
row door that opens on Tenth street at the 
south side of the theatre? 

A. Yes, sir. 

Q. That is the way you went ? 

A. That is the way I went. 

Q. Did you go back the same way ? 

A. I went back the same way into the thea- 
tre. 

Q. And had taken 3-our place on the stage 
when the pistol was fired ? 

A. Yes, sir. 

Q. What were 30U doing when the pistol 
was fired? 

A. I was not doing anything. I was stand- 
ing, leaning up against the corner of the 
scene. 

Q. Was anybody else doing anything when 
the pistol was fired ? 

A. They were waiting for the curtain to 
drop. Mr. Harry Hawk was on the stage at 
that moment, playing in a scene. 

By Mr. Ewing : 

Q. Had you any part to play that night? 

A. Yes, sir; I played a part in the piece 
called John Wigger, the gardener." 

By Assistant Judge Advocate Burnett : 

Q. What were your duties at the theatre? 

A. I was an actor there. 

Q. What parts did you play ? 

A. What is called in the theatrical profes- 
sion, "general utility" business — "responsi- 
ble utility." 



Index of ^Witnesses. 



FOR THE PROSECUTION. 



Page. 

Sergeant Jos. M. Dye 1 

John E. Buckingham 3 

James P. Ferguson 4 

Wm. Withers, Jr 6 

Joe Simms, (colored) 8 

John Miles, [colored) 9 

John F. Sleickraann 12 

Joseph Burrougli 13 

Mrs. Marj Ann Turner IG 

Mrs. Mary Jane Anderson 17 

Major Henry R. Kathbone 19 

John Greenawalt 20 



Page. 

A.B. Olin 24 

Major Henry R. Rathbone, recalled 25 

Isaac Jaquette 26 

Joe Simms, (colored,) recalled 26 

Charles H. Rosch 28 

Wm. Eaton ; 28 

James J. Gifford 29 

Jacob Ritterspaugh 33 

Joseph B. Stewart , 33 

Joseph Burrough, recalled 39 

James L. Maddox 39 

Jacob Ritterspaugh, recalled 41 



FOR THE DEFENCE 



Page. 

H. Clay Ford 44 

Wm. W^ithers, Jr., recalled 48 

James R. Ford 48 

J. L. Debonay 50 

James J. GifFord, recalled 52 

Charles A. Boigi 53 

John Goenther 54 

Thomas J. Raybold 54 

John T. Ford 56 



J. P. Ferguson, recalled 60 

C. D. Hess 61 

Henry M. James 62 

Thjomas J. Raybold, recalled 63 

Joseph T.K. Plant 64 

Joseph S. Sessford 64 

L. A. Gobright 64 

J. L. Debonay, recalled 65 



This Evidence is Reprinted from the OflBcial Court Record. 



LE S '12 



